Someone typed this question into a search engine and found 2×2, so we will give you our answer.

If the ELCA follows it’s own rules, the ELCA cannot seize church property. The Articles of Incorporation which are the founding documents of the corporation and which outweigh any subsequent documents state clearly:

In the performance of its functions, this corporation (the Synod) shall not act as agent of or otherwise obligate the income or assets of the ELCA, any congregation of the ELCA, or any other synod of the ELCA without the express authorization of such entity.

This was a promise made to member congregations when they joined the ELCA in the late 1980s. A bishop, synod council or synod assembly has no power to undo the Articles of Incorporation with a vote to override it or by replacing it with a bylaw. The congregations are entitled, under Lutheran governance, to manage their own affairs and to vote on the use of their property and assets.

The model Synodical/ELCA constitution adheres to this.

†S7.01. This synod shall have a Synod Assembly, which shall be its highest legislative authority. The powers of the Synod Assembly are limited only by the provisions in the Articles of Incorporation, this constitution and bylaws, the assembly’s own resolutions, and the constitutions and bylaws of the Evangelical Lutheran Church in America.

In 2×2’s experience, many church leaders, including bishops, are unaware of the Articles, which forbid the seizure of congregational property.

This has created enormous and costly problems within synods and between synods and their congregations. Synods have assumed the power to raid member churches for their assets — partly because other denominations with whom they are in “full communion” allow it. The coveting of member churches’ belongings has escalated with the decline in support. Hierarchies feel threatened. Their survival as they know it depends on finding funds.

With each unchallenged episode in Lutheran church seizures, every other Lutheran congregation is more endangered.

Secular courts do not want to be involved in church disputes and their hesitance — stating separation of church and state — gives synods immunity when violating their own governing laws.

An atmosphere of intimidation within the church serves to guarantee the powers they claim without constitutional authority will go unchallenged. (See Timeline and Post).

The Lutheran Church’s heritage practices congregational polity. Middle management, with a national office, are intended to serve congregations and facilitate services individual congregations cannot do alone — not manage them. Lutheran defining documents describe the relationships as “interdependent.”

The national church has side-stepped responsibility for the behaviors of bishops and the enforcement of constitutions. If it were a hierarchy, it is very bad at it. Its blind eye to actions of the second tier of power makes the second tier of power the first tier of power. Congregations have increasingly little say or redress. No wonder they are leaving in droves.

These issues should be handled internally, but the bodies given jurisdiction over congregational/synodical disputes (Synod Councils and Synod Assemblies) meet rarely, display a   bias toward synod leadership and do not allot sufficient time or fair procedures for hearings of disputes.

This is a serious failing in ELCA governance.  Predecessor bodies provided an ombudsmen committee to hear disputes — not a bad idea. Without a fair forum for grievances the church is nothing but a “go along to get along body” and cannot be an advocate for justice and peace.

So the answer to this question is: Synods are not allowed under their own rules to seize church property but they are able to get away with doing so because courts and member Lutherans are failing to insist they follow their own rules.

The tradition of Lutheran congregational polity is in danger.

Already, many congregations have had their communities plundered. More are likely to follow. It will be painful, costly and ugly — the Church at its worst.

Good leadership would address this now — before more people are hurt. 2×2 is betting that won’t happen!