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Frequently Asked Questions
Common questions often arise regarding the process and timeline of decisions made by the Churchwide Assembly, particularly those decisions made in August 2009 regarding human sexuality. This section will work to answer many of those questions.
How does a congregation decide to leave the ELCA?
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We hope no congregation will leave our synod. But we also want to help provide a road map that helps people see the path of “good order” to terminate our relationship in a way that respects the ELCA Constitution and the local congregation’s constitution.
An ELCA congregation must look to the ELCA Constitution provision 9.62 for the process to be followed when the congregation seeks to leave this church body. No matter what a particular congregation's constitution may say or not say about withdrawal from membership, the ELCA Constitution 9.62 speaks to all such discernment about bringing to an end of congregational membership in the ELCA. Related provision *C7.04 in the Model Constitution is a "condensed"
version of 9.62 in the ELCA Constitution. Ownership of a congregation's property is addressed in 9.70 and 9.71 of the ELCA Constitution.
The most important requirements of 9.62 are:
ELCA Web Site for Constitutions
http://www.elca.org/Who-We-Are/Our-Three-Expressions/Churchwide-Organization/Office-ofthe-Secretary/ELCA-Governance/Constitutions-of-the-Evangelical-Lutheran-Church-in-America.aspx
ELCA Constitution Provisions 9.22.
All congregations of this church shall abide by the provisions of 9.21., 9.62., and 7.46. The judgment on whether a congregation meets the criteria listed in 9.21. shall be made by this church through the synod of this church in whose territory the congregation is located.
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9.60. TERMINATION OF RELATIONSHIP
9.61. The relationship between a congregation and this church may be terminated in one of the
following ways:
a. The congregation takes action to dissolve.
b. The congregation ceases to exist.
c. The congregation is no longer recognized by this church under the disciplinary provisions of Chapter 20.
d. The congregation terminates its relationship according to the procedure outlined in 9.62.
e. The membership of the congregation becomes so scattered or diminished in numbers as to make it impracticable for such congregation to fulfill the purposes for which it was organized. In such case, the synod, in order to protect the property from waste and deterioration, through the Synod Council or trustees appointed by it, may take charge and control of the property of the congregation to hold, manage, and convey the same on behalf of the synod. The congregation shall have the right to appeal the decision to the Synod Assembly.
9.62. A congregation may terminate its relationship with this church by the following procedure:
a. A resolution indicating desire to terminate its relationship must be adopted at a legally called and conducted special meeting of the congregation by a two-thirds majority of the voting members present.
b. The secretary of the congregation shall submit a copy of the resolution to the synodical bishop and shall mail a copy of the resolution to voting members of the congregation. This notice shall be submitted within 10 days after the resolution has been adopted.
c. The bishop of the synod shall consult with the congregation during a period of at least 90 days.
d. If the congregation, after consultation, still desires to terminate its relationship, such action may be taken at a legally called and conducted special meeting by a two-thirds majority of the voting members present, at which meeting the synodical bishop or an authorized representative shall be present. Notice of the meeting shall be mailed to all voting members at least 10 days in advance of the meeting.
e. A certified copy of the resolution to terminate its relationship shall be sent to the synodical bishop, at which time the relationship between the congregation and this church shall be terminated.
f. Notice of termination shall be forwarded by the synodical bishop to the secretary of this church and published in the periodical of this church.
g. Congregations which had been members of the Lutheran Church in America shall be required, in addition to the foregoing provisions in 9.62., to receive synodical approval before terminating their membership in this church.
h. Congregations that are established by the Evangelical Lutheran Church in America shall be required, in addition to the foregoing provisions in 9.62., to receive synodical approval before terminating their membership in this church.
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9.70. OWNERSHIP OF PROPERTY
9.71. Subject to the provisions of 9.52., the following shall govern the ownership of property by congregations of this church:
a. Title to property shall reside in the congregation. The congregation may dispose of its property as it determines, subject to any self-accepted indebtedness or other self-accepted restrictions.
b. Title to the undisposed property of a congregation that ceases to exist shall pass to the synod of this church to which the congregation is related.
c. Title to the property of a congregation that is no longer recognized by this church as a result of discipline shall continue to reside in the congregation.
d. Title to the property of a congregation that has acted to terminate its relationship with this church by the provisions of 9.62. to relate to another Lutheran church body shall continue to reside in the congregation.
e. Title to the property of a congregation that has acted to terminate its relationship with this church by the provisions of 9.62. to become independent or to relate to a non-Lutheran church body shall continue to reside in the congregation only with the consent of the Synod Council. The Synod Council, after consultation with the congregation by an established synodical process, may give approval to the request to become independent or to relate to a non-Lutheran church body, in which case title shall remain with the majority of the congregation. If the Synod Council fails to give such approval,
title shall remain with those members who desire to continue as a congregation of this church.
Model Congregation Constitution
*C6.05. This congregation may terminate its relationship with the Evangelical Lutheran Church in America by the following procedure:
a. A resolution indicating the desire of this congregation to terminate its relationship must be adopted at a legally called and conducted special meeting of this congregation by a two-thirds majority of the voting members present.
b. The secretary of this congregation shall submit a copy of the resolution to the synodical bishop and shall mail a copy of the resolution to voting members of this congregation. This notice shall be submitted within 10 days after the resolution has been adopted.
c. The bishop of the synod shall consult with this congregation during a period of at least 90 days.
d. If this congregation, after consultation, still desires to terminate its relationship, such action may be taken at a legally called and conducted special meeting by a two-thirds majority of the voting members present, at which meeting the bishop of the synod or an authorized representative shall be present. Notice of the meeting shall be mailed to all voting members at least 10 days in advance of the meeting.
e. A certified copy of the resolution to terminate its relationship shall be sent to the synodical bishop, at which time the relationship between this congregation and the Evangelical Lutheran Church in America shall be terminated.
f. Notice of termination shall be forwarded by the synodical bishop to the secretary of this church and published in the periodical of this church.
** g.1 Since this congregation was a member of the Lutheran Church in America, it shall be required, in addition to the foregoing provisions in to receive synodical approval before terminating its membership in the Evangelical Lutheran Church in America.
*** h.2 Since this congregation was established by the Evangelical Lutheran Church in America, it shall be required, in addition to the foregoing provisions in *C6.05., to receive synodical approval before terminating its membership in the Evangelical Lutheran Church in America.
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*C7.04. If a two-thirds majority of the voting members of this congregation present at a legally called and conducted special meeting of this congregation vote to become independent or relate to a non-Lutheran church body, title to property of this congregation shall continue to reside in this congregation only with the consent of the Synod Council. The Synod Council, after consultation with this congregation by the established synodical process, may give approval to the request to become independent or to relate to a non-Lutheran church body, in which case title shall remain with the majority of this congregation. If the Synod Council fails to give such approval, title shall remain with those members who desire to continue as a congregation of the Evangelical Lutheran Church in America.
An ELCA congregation must look to the ELCA Constitution provision 9.62 for the process to be followed when the congregation seeks to leave this church body. No matter what a particular congregation's constitution may say or not say about withdrawal from membership, the ELCA Constitution 9.62 speaks to all such discernment about bringing to an end of congregational membership in the ELCA. Related provision *C7.04 in the Model Constitution is a "condensed"
version of 9.62 in the ELCA Constitution. Ownership of a congregation's property is addressed in 9.70 and 9.71 of the ELCA Constitution.
The most important requirements of 9.62 are:
- that two congregational meetings are necessary, at least 90 days apart, and "consultation" with the synod bishop is mandated, as well as at least a two-thirds majority vote in both meetings.
- These special congregational meetings must be legally called and constituted based on the congregational constitution, and the synod bishop or designee must attend the second meeting.
- It is in everyone’s self interest and the Gospel’s interest that we work through this process with care and respect as followers of Jesus.
- If the congregation was formerly LCA or was established by ELCA, then Synod Council approval of termination is required under 9.62 g. or h.
- Synod approval also comes into play under 9.71.e., whenever a congregation is seeking to become independent or non-Lutheran. The "synodical process" referenced there is "established" by the Synod Council to deal with the congregation; typically the Council appoints a sub-committee or the Executive Committee to investigate the situation. Such a process could also be used under 9.62 g. or h.
- Mutual conversation and consultation leads to the best process and outcome for all parties regardless of what the final decision will be. Hard decisions are best made with careful attention to process.
- Some congregations may decide to leave and some may decide to stay after the consultation process and the taking of a second vote.
ELCA Web Site for Constitutions
http://www.elca.org/Who-We-Are/Our-Three-Expressions/Churchwide-Organization/Office-ofthe-Secretary/ELCA-Governance/Constitutions-of-the-Evangelical-Lutheran-Church-in-America.aspx
ELCA Constitution Provisions 9.22.
All congregations of this church shall abide by the provisions of 9.21., 9.62., and 7.46. The judgment on whether a congregation meets the criteria listed in 9.21. shall be made by this church through the synod of this church in whose territory the congregation is located.
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9.60. TERMINATION OF RELATIONSHIP
9.61. The relationship between a congregation and this church may be terminated in one of the
following ways:
a. The congregation takes action to dissolve.
b. The congregation ceases to exist.
c. The congregation is no longer recognized by this church under the disciplinary provisions of Chapter 20.
d. The congregation terminates its relationship according to the procedure outlined in 9.62.
e. The membership of the congregation becomes so scattered or diminished in numbers as to make it impracticable for such congregation to fulfill the purposes for which it was organized. In such case, the synod, in order to protect the property from waste and deterioration, through the Synod Council or trustees appointed by it, may take charge and control of the property of the congregation to hold, manage, and convey the same on behalf of the synod. The congregation shall have the right to appeal the decision to the Synod Assembly.
9.62. A congregation may terminate its relationship with this church by the following procedure:
a. A resolution indicating desire to terminate its relationship must be adopted at a legally called and conducted special meeting of the congregation by a two-thirds majority of the voting members present.
b. The secretary of the congregation shall submit a copy of the resolution to the synodical bishop and shall mail a copy of the resolution to voting members of the congregation. This notice shall be submitted within 10 days after the resolution has been adopted.
c. The bishop of the synod shall consult with the congregation during a period of at least 90 days.
d. If the congregation, after consultation, still desires to terminate its relationship, such action may be taken at a legally called and conducted special meeting by a two-thirds majority of the voting members present, at which meeting the synodical bishop or an authorized representative shall be present. Notice of the meeting shall be mailed to all voting members at least 10 days in advance of the meeting.
e. A certified copy of the resolution to terminate its relationship shall be sent to the synodical bishop, at which time the relationship between the congregation and this church shall be terminated.
f. Notice of termination shall be forwarded by the synodical bishop to the secretary of this church and published in the periodical of this church.
g. Congregations which had been members of the Lutheran Church in America shall be required, in addition to the foregoing provisions in 9.62., to receive synodical approval before terminating their membership in this church.
h. Congregations that are established by the Evangelical Lutheran Church in America shall be required, in addition to the foregoing provisions in 9.62., to receive synodical approval before terminating their membership in this church.
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9.70. OWNERSHIP OF PROPERTY
9.71. Subject to the provisions of 9.52., the following shall govern the ownership of property by congregations of this church:
a. Title to property shall reside in the congregation. The congregation may dispose of its property as it determines, subject to any self-accepted indebtedness or other self-accepted restrictions.
b. Title to the undisposed property of a congregation that ceases to exist shall pass to the synod of this church to which the congregation is related.
c. Title to the property of a congregation that is no longer recognized by this church as a result of discipline shall continue to reside in the congregation.
d. Title to the property of a congregation that has acted to terminate its relationship with this church by the provisions of 9.62. to relate to another Lutheran church body shall continue to reside in the congregation.
e. Title to the property of a congregation that has acted to terminate its relationship with this church by the provisions of 9.62. to become independent or to relate to a non-Lutheran church body shall continue to reside in the congregation only with the consent of the Synod Council. The Synod Council, after consultation with the congregation by an established synodical process, may give approval to the request to become independent or to relate to a non-Lutheran church body, in which case title shall remain with the majority of the congregation. If the Synod Council fails to give such approval,
title shall remain with those members who desire to continue as a congregation of this church.
Model Congregation Constitution
*C6.05. This congregation may terminate its relationship with the Evangelical Lutheran Church in America by the following procedure:
a. A resolution indicating the desire of this congregation to terminate its relationship must be adopted at a legally called and conducted special meeting of this congregation by a two-thirds majority of the voting members present.
b. The secretary of this congregation shall submit a copy of the resolution to the synodical bishop and shall mail a copy of the resolution to voting members of this congregation. This notice shall be submitted within 10 days after the resolution has been adopted.
c. The bishop of the synod shall consult with this congregation during a period of at least 90 days.
d. If this congregation, after consultation, still desires to terminate its relationship, such action may be taken at a legally called and conducted special meeting by a two-thirds majority of the voting members present, at which meeting the bishop of the synod or an authorized representative shall be present. Notice of the meeting shall be mailed to all voting members at least 10 days in advance of the meeting.
e. A certified copy of the resolution to terminate its relationship shall be sent to the synodical bishop, at which time the relationship between this congregation and the Evangelical Lutheran Church in America shall be terminated.
f. Notice of termination shall be forwarded by the synodical bishop to the secretary of this church and published in the periodical of this church.
** g.1 Since this congregation was a member of the Lutheran Church in America, it shall be required, in addition to the foregoing provisions in to receive synodical approval before terminating its membership in the Evangelical Lutheran Church in America.
*** h.2 Since this congregation was established by the Evangelical Lutheran Church in America, it shall be required, in addition to the foregoing provisions in *C6.05., to receive synodical approval before terminating its membership in the Evangelical Lutheran Church in America.
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*C7.04. If a two-thirds majority of the voting members of this congregation present at a legally called and conducted special meeting of this congregation vote to become independent or relate to a non-Lutheran church body, title to property of this congregation shall continue to reside in this congregation only with the consent of the Synod Council. The Synod Council, after consultation with this congregation by the established synodical process, may give approval to the request to become independent or to relate to a non-Lutheran church body, in which case title shall remain with the majority of this congregation. If the Synod Council fails to give such approval, title shall remain with those members who desire to continue as a congregation of the Evangelical Lutheran Church in America.
What does "bound conscience" mean?
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The idea of a conscience being "bound" to a particular interpretation of Scripture and confessional understanding is rooted in the Bible (See Romans 14 and I Corinthians 8 for instance.) and the Lutheran heritage. It does not mean that a person simply declares "him or herself" to be bound to a particular interpretation of Scripture and tradition. Rather, it puts the emphasis on how each Christian is called to respect and protect other believers with whom they disagree when those positions are also tied to their faith and to a carefully reasoned, thoughtful interpretation of Scripture and tradition. This is one way that each person can bear the burden of the differences on this matter.
More information on the concept of "bound conscience" can be found on the ELCA website. Click here to read this information.
More information on the concept of "bound conscience" can be found on the ELCA website. Click here to read this information.
How did the Florida-Bahamas Synod prepare for these decisions?
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The Office of the Bishop of the Florida-Bahamas Synod, ELCA, started working in 2002 to facilitate conversation in our congregations and conferences regarding the ELCA social statement Human Sexuality: Gift and Trust. Numerous workshops, discussion groups, and resources were made available throughout the synod to increase participation. Below is a timeline of events during which representatives from our synod, the ELCA Churchwide Organization and from our local congregations worked to insure that everyone in the synod had an opportunity to share in the discussions.
Timeline for Florida Bahamas Synod Study on Human Sexuality
Timeline for Florida Bahamas Synod Study on Human Sexuality
2002
“Homosexuality and the Church Task Force” formed
Leaders Trained to conduct conversations around the Synod seven Locations around the Synod host conversations about “Homosexuality and the Church” based on the book, Talking Together As Christians about Tough Social Issues.”
Synod Council engages in a structured conversation at one of its meetings.
Purposes:
- To open up the conversation on sexuality around the Synod
- Teach and model how to discuss highly-charged, divisive issues
within the church in ways that are constructive and respectful
- Give congregations a practical tool for discussion
- Train congregational leaders to lead discussions in their respective congregations.
- To prepare congregations for the Studies to come from the ELCA Task Force.
2003
Synod Assembly workshop forum on “Homosexuality and the Church.”
Dr. Phil Baker (LTSS) leads discussion on ELCA Study on Sexuality at Conference on Ministry.
Training for congregational facilitators and leaders of the Journey Together Study Part 2
Office of the Bishop Staff takes several weeks to discuss and study Journey Together Study Part 2
2004
Dr. Craig Nessan, Academic Dean at Wartburg Seminary speaks at Calvary, Apollo Beach and All Saints, Port Orange for all interested congregational members and leaders. The title of his presentation is “Listening to God’s People: Conversations about Homosexuality and the Church.”
Rev. Dr. Jim Childs, Director for ELCA Studies in Sexuality, gives keynote address at Synod Assembly and leads workshop and open forum
Congregations encouraged to send their input to the ELCA Task Force
2005
Churchwide Assembly acts on recommendations of Churchwide Council
2006
Study 3 on Human Sexuality Social Statement becomes available in December
2007
Group Leader Outlines written for Study 3 written and distributed to Florida-Bahamas Synod Congregations.
Congregations encouraged to use the discussion guide, and to send their input to the ELCA Churchwide Task Force
Hearing Forum conducted at Synod Assembly in May with ELCA Churchwide representative from the Sexuality Task force present.
Is there a timeline that explains the process that the ELCA went through regarding human sexuality?
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Yes. The ELCA has been in official discussion around topics of human sexuality since 2001. However, these discussions, including the discussion regarding homosexuality, have been on the table of the church even prior to the formation of the ELCA in 1988. Click here for a timeline that reflects the most recent discussions leading up to the decisions of the 2009 Churchwide Assembly.
Copy and past this link into your web browser: http://www.elca.org/What-We-Believe/Social-Issues/Social-Statements-in-Process/JTF-Human-Sexuality/Time-Line-and-Events.aspx
Copy and past this link into your web browser: http://www.elca.org/What-We-Believe/Social-Issues/Social-Statements-in-Process/JTF-Human-Sexuality/Time-Line-and-Events.aspx
What does the social statement say about homosexuality?
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It states that the ELCA is opposed to all forms of violence or discrimination against homosexuals and is committed to welcoming all people, regardless of sexual orientation, and their families into our congregations. On the matter of whether or how to regard lifelong, monogamous, same-gender relationships, the social statement describes several broadly representative positions that members in this church hold. It acknowledges that these follow from strongly held different understandings of Scripture and tradition. The statement recognizes that these differing understandings will continue to exist among ELCA members and it affirms the possibility of living together in continued discussion despite our disagreements. We can do this by drawing deeply on the historical Lutheran tradition of respecting the other’s conscience and seeking a caring response to the needs of the neighbor. The social statement does not support same-gender marriage. It does, however, recognize that some members in the ELCA do support the development of such an institution.
Does the social statement support gay marriage?
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The social statement does not support same-gender marriage. It does, however, recognize that some members in the ELCA do support the development of such an institution. The social statement does acknowledge that the church has historically considered marriage as a commitment between a man and a woman.
More Articles...
- What does "publicly accountable, lifelong, monogamous, same-gender relationships" mean?
- When will these changes begin?
- Does this mean the ELCA has endorsed the blessing of same-gender unions?
- What happened with regard to the recommendations concerning ministry policies and congregational recognition of publicly accountable, lifelong, monogamous, same-gender relationships?
