4/7InkzHVUEQeEdU9vpc1tikzEhChrKmPfvXI-FSDBrBQ

church closing

Thank you for your words of support

elca mock logo
Anonymous Lutheran Addresses Redeemer Situation

I received an anonymous letter from a member of a SEPA congregation this week. The writer added a note that she was sending the letter to ELCA Presiding Bishop Hanson and several other church leaders including our local bishop.

She noted that she doubted letters make any difference. True, anonymous letters give the recipient an excuse to blow off any point the writer makes no matter how valid.

We understand the need for anonymity. We live in a Synod that is funding its ministry with seizures of property and lawsuits against laity.

Clergy have no room to criticize. Their universal silence on these issues is a form of anonymity.

We at Redeemer have written many signed letters almost all of which have been ignored. The single exception was the first letter we wrote to Bishop Hanson, probably early 2008. The Bishop glibly dismissed our very serious issues. Lots of God words, no God actions. His attitude trickles down to his staff and clergy. The ELCA legal offices, funded with parishioner offerings, responded to a Redeemer member’s letter with a note that they feel no obligation to get involved. Bishop Burkat has never responded to any of our letters. The people we pay to be there to make sure the congregations are protected spend our offerings protecting themselves.

We are going to reprint this anonymous letter because it has value. This writer took the time to understand the issues — something SEPA clergy, the Synod Council and Synod Assembly and the courts have failed to do. This writer nails the issues. Write on!

Here’s the letter (with minor spelling/grammar edits):

Dear Bishop Hanson,

I belong to Peace Lutheran Church in Bensalem, Pa., which is part of SEPA Synod. I recently attended a charity event in Philadelphia and met a woman from a church in Lansford, Pa. We got into a conversation about Redeemer Lutheran Church and Bishop Claire Burkat and how sad that their church was taken from them and how their valiant fight to regain their spiritual home was knocked down by the Pa Supreme Court, citing “church vs. state.” The woman I sat with told me that her church belongs to the Slovak-Zion Synod and that their Bishop (Rev. Wilma S. Kucharek) was investigated by the authorities for making improper withdrawals from a congregation’s accounts, causing the downfall of a church in New Jersey. She locked them out of their own church, like Burkat, and then sold their properties for a huge sum of money, forcing the congregation to now worship in a rented facility when they already had a mortgage-free church and parsonage of their own. She heard this from some people she knows that had attended a Synod Assembly cruise. Are you even aware of this in Chicago?

What kind of organization allows the taking of church properties that were built and paid for by the members of these congregations without any help from their synods. Just because you have hidden clauses in your constitutions that allow Synod Bishops to abscond with properties does NOT make it morally right. It is actually criminal to take by force another’s possessions for your own profit or gain. These clauses do not appear in the congregation’s constitution (I checked) but appear in the Synod’s constitution. How sneaky. Why didn’t you put this language in the congregations’  constitutions and spell it out more clearly so the average parishioner can understand the language? “That the Synod Bishop may close, at his/her discretion, the congregation’s church, seize their property, sell it, and then distribute the funds as he/she sees fit.” Wouldn’t that be more befitting to a religious organization to be honest and more forthcoming with the followers. You should also point out to the congregation to NOT come to you with their problems because you are an “interdependent” organization.

I am ashamed of how the ELCA has disgraced the Lutheran religion by ignoring Martin Luther’s principles of fair play for all. He would never condone abusing the weak by taking their possessions to further enhance one’s already lofty standing. Greed is a terrible sin. God knows who these bishops are. They can’t fool him with their empty prayers and their false justifications that they are doing this for the overall good of the Synod. These thefts of properties will be seen for what they are by the Lord.

Bishop Hanson, I’m sorry to say, the ELCA is now being run by bureaucrats and lawyers who don’t know what it’s like to honor the Lord by doing what is right in the Lord’s eyes and not the courts. There can be a happy medium but right now there isn’t. By the interdependent nature of the ELCA, you’ve divorced yourselves from your followers (the mass that supports the organization) by taking away their right to a fair an unbiased hearing regarding the closing of their churches. They can’t go to the courts because of the “separation between the church and state.” The Synod assemblies are a joke. The people who sit on these assemblies have no training in judicial matters in order to make proper judgments. They are just parishioners of local churches who volunteer to attend a yearly gathering and are clueless as to what’s going on. They are heavily influenced by the bishops, plus I don’t think that the bishops even need their approval to close a church.

It’s just so wrong that just one person can decide the fate of so many. At least the Catholics can go the Vatican Council in Rome where they have already overturned church closings in places like Cleveland, Ohio, by over-ruling local Bishops. The Lutherans have no such recourse.

Claire Burkat may have sued some members of Redeemer for standing up to her abuses, but she will not be able to sue me.

Signed, Disgusted

Here are a Few More Supporting Points

This writer describes the problems fairly accurately. The interdependent constitutions leave parishioners vulnerable to various self-serving interpretations, putting anyone who raises an issue at risk. Parishioners are the most vulnerable.

The writer also does not mention the founding Articles of Incorporation of ELCA Synods. These foundational documents forbid bishops from taking property and limit the power of the Synod Assembly. The writer is dead right that Synod Assemblies don’t know enough about church law to make decisions. Also, about a third of the Synod Assembly (the clergy) have a built-in bias. They owe their next call to their relationship with the bishop.

The clauses in the Synod constitutions have been altered over the years. The original model Synod Constitution calls for synodical administration to be temporary in nature and with the consent of the congregation. It was intended to help struggling congregations. Tweaks here and there presented to unsuspecting Synod Assemblies have reversed the intent of the constitution and violate the Articles of Incorporation—which was further compromised by Judge Lynn’s order regarding Redeemer, issued without hearing the case. Saint Paul knew what he was talking about when he advised church people to stay out of court!

Consequently, a clause intended to help congregations find their way through difficult times is now used to seize assets and help the synod through troubling times.

In Redeemer’s case, Redeemer appealed the issue of Synodical Administration to the Synod Assembly. The Synod Assembly never voted on the issue we appealed. Synod officials used our appeal to present a question allowing them to take our property (which we had not addressed in our appeal). Like lemmings the Synod Assembly voted on an entirely different issue—and an issue over which they have no constitutional authority. All SEPA Lutherans were victims of bait and switch.

Because of Synod Assemblies unquestioning decision, no Lutheran congregation really owns its own property anymore. A long-standing Lutheran tradition is gone. Your bishop needs only to make a claim on your property and your congregation is toast. There are no standards to be met. If Bishop Burkat needs your property to meet her budget (including her salary) she can claim it.

Back when Redeemer’s money was taken (1998) we were told the money would go to a Mission Fund. It was later reported that Mission Fund money is tapped by the Synod to fill deficits. When our Ambassadors visited Holy Spirit in NE Philadelphia, the week before they closed, their pastor explained that their money would go the the Bishop’s Discretionary Fund. At least that’s more transparent if not nobler. We suspect there is even less control over that fund than the misnamed Mission Fund.

We hope there are more letters written and we encourage you to sign them. Send them our way. As long as they are factually accurate, we will consider publishing them. At least you’ll know your letter has a chance of being read. Right now, the ELCA’s circular files are wide and deep!

The best people to put an end to the travesties of SEPA Synod are SEPA Lutherans. Ask your Synod Assembly to revisit the issues with Redeemer. We are still alive and well. We have grown a base of support during our years of exile and are ready to resume our ministry with our property— if SEPA Lutherans can ever manage to deal with the issues for which they have accepted responsibility.

It should be obvious to SEPA Lutherans that the sad story of Redeemer’s lack of viability was always a crock. Redeemer, even with many of its members in hiding, is stronger today than ever. We reach more people each week than any church in SEPA. We are positioned to restore our endowment to its 1990s high point—before SEPA cast its line over our waters (and they weren’t fishing for men).

There is more economic potential in open churches than in closed churches.

 

Can the ELCA Seize Church Property?

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!