LETTER FROM THE DIRECTOR – APRIL 2025

AN ANALYSIS OF CONSTITUTIONAL AMENDMENTS COMING FROM THE CHURCH COUNCIL TO THE 2025 ELCA CHURCHWIDE ASSEMBLY:
THE ELCA MUST NOT VALUE TRUST AND MUST NOT KNOW HOW TO BUILD TRUST
by Dennis D. Nelson
ELCA leaders must have heard enough about the work of the Lutheran Congregational Support Network that the ELCA Office of the Secretary has prepared a document entitled “Myths and Facts About Congregational Governance.” Here is a link to that document – LINK # 1.
The document contains a link to the proposed changes to the ELCA Constitutions for Churchwide, Synods, and Congregations that will be coming from the Church Council to the 2025 Churchwide Assembly. The Assembly will be held from July 28 through August 2 in Phoenix. Here is a link to the proposed changes – LINK # 2. The document also contains a link to the Rationale for the proposed changes. This notification is in line with the requirement that the Church Council must act on proposed changes and transmit them to the synods at least six months prior to the Churchwide Assembly.
According to the document –
- There is nothing in the proposed changes that would eliminate, or even reduce, congregational autonomy and self-governance.
- The proposed changes to the “Model Constitution for Congregations” are minimal and do not reduce congregational autonomy in any way.
- The proposed changes do not affect congregational property ownership.
- There are no changes to the provisions related to synod administration or preservation of congregational property.
- There are no proposed changes to the disaffiliation process.
Synod preservation is the name for the process described in S.13.24 in the “Model Constitution for Synods” by which synods can move in and take over the property and functioning of a congregation if – in the eyes of the synod – the congregation has become too scattered and/or diminished and/or is no longer able to fulfill its function. We have previously written about how two synods have used that provision against congregations – Metro Chicago and Southwest California.
The document also states that recommendations from the Commission for a Renewed Lutheran Church have been incorporated in some of the proposed changes, and even though the report of the Commission is not yet complete, none of the Commission’s recommendations advanced to date would do any of the things mentioned in the bullet points above.
I have read, studied, and analyzed the twenty-one pages of proposed changes and the ten pages of rationale. Here is my response.
1. Why would the ELCA have spent who knows how many hundreds of thousands of dollars on a thirty-five-member Commission for a Renewed Lutheran Church and on hiring a law firm to do a DEIA audit of its governing documents if the results are no more than the constitutional changes that are currently being proposed?
2. Do we really think that those who worked for the creation of the Commission are going to be satisfied if it accomplishes no more in advancing their goals – including the dismantling of racism – than what is included in the proposed changes?
3. How can anyone imagine that the proposed changes call for something as major, involved, and expensive as a separate, reconstituting convention? And will those who worked for the creation of the Commission be satisfied if there is no such convention?
4. We do not yet have the final report from the Commission. The written summaries of each of their eleven meetings to date are very general and communicate very little. And we do not know what will be included in their final report, which could very well contain recommendations that are more significant than what is included in the proposed changes. But as we will see under the discussion of the amendments to Chapter 22 of the “Constitution for Churchwide,” the Commission has certainly prepared the way for the possibility (probability?) of their making and fast-tracking additional and more-far-reaching recommendations.
My overall impression is this. The ELCA does not value trust and does not know how to build trust.
1. When the results of the DEIA audit were posted, which contained extensive recommendations for congregations which would consume the time and energy of any congregation that would try to meet them, neither the Presiding Bishop nor the Church Council came out with a statement regarding the status, implications, and/or ramifications of the audit.
2. Even though lack of communication creates fear and distrust, neither the Presiding Bishop nor the Church Council did anything to get the Commission to be more informative in their reporting.
3. The Presiding Bishop, Vice President, and Chairperson of the Conference of Bishops all totally ignored the communication from me regarding the bullying and abuse of power behavior on the part of the Metro Chicago Synod Bishop and Council in their using S.13.24 (synodical preservation) to take over and close a congregation.
4. Nobody has stepped in and intervened when a synod (such as Southwest California) fights a war of attrition against a congregation. Because of their closing congregations and selling properties, synods have the resources to fight long, protracted, legal battles against congregations, while individual congregations can only keep going for so long to try to protect themselves.
With all of these dynamics, I do not understand why the Church Council and Conference of Bishops do not realize that there has been a crying need for greater communication all along.
Having shared these overall impressions, I would now like to highlight several specifics from the proposed changes and rationale which illustrate what I am saying.
PROPOSED CHANGES AND RATIONALE
The proposed amendments to the “Constitution for Churchwide” include the addition of several references to participants in Synodically Authorized Worshiping Communities (SAWCs) to “expand inclusion and leadership opportunities.” SWACs consist largely of community outreach and social justice-oriented groups. Because they are established by synods and their ongoing existence is dependent upon synodical approval, they would not be able to resist synodical influence as a congregation could, if it so chooses.
Changes to the “Constitution for Churchwide” include one being recommended by the Candidacy Working Group of the Commission for a Renewed Lutheran Church –
7.31.03. This amendment is intended to produce a more flexible, competency-based discernment and formation process for candidates for the ministry of word and sacrament. As stated in the Rationale, “By moving certain bylaws to the policy level in the Candidacy Manual, which can be approved by the Church Council after consultation with the Conference of Bishops, revisions that respond to changing realities could be made more swiftly than they can by constitutional amendment.” In other words, the formation process for your future pastor could more easily be changed to match new ELCA agenda and priorities.
Churchwide 7.31.07 and 7.61.07 – The Task Force on On Leave from Call and Specialized Ministry (as called for by the 2022 Churchwide Assembly) is recommending that the existing policies whereby synodical bishops can unilaterally deny a request for On Leave from Call status for rostered ministers be replaced by a new protocol in which synodical bishops make recommendations but the final decision is made by the synod council following a consultation process. I assume this change is because of the disaster and uproar in the Sierra Pacific Synod back in 2021.
A more pronounced change is the addition in several places of a mandated or desired level of participation of persons from “historically underrepresented groups.” The ELCA views historically underrepresented groups as including persons of color, diverse gender identities, and diverse sexual orientation. I assume this change is the result of the DEIA audit which the ELCA had done of its governing documents. Please note that this requirement and/or goal is in addition to a mandated or desired level of participation of persons of color and/or persons whose primary language is other than English.
For example, proposed amendments for the “Constitution for Churchwide” include –
- 41.11.e. – In addition to their regular number of voting members for the Churchwide Assembly, synods may elect one additional voting member who is a member of a historically underrepresented group and one additional voting member who is a person of color and/or a person whose primary language is other than English.
- 21 – In selecting staff members for the Churchwide organization, a balance is to be maintained of members of historically underrepresented groups as well as women and men and persons of color and/or persons whose primary language is other than English (please note that there are no mandated percentages here).
Here is a mandated proposed amendment for the “Model Constitution for Synods” –
S6.04.02 – It is to be the goal of every synod that at least 10% of the voting members of the synod assembly, synod council, and synod committees and organizational units be members of historically underrepresented groups in addition to at least 10% being persons of color and/or persons whose primary language is other than English. The synod council is to establish a plan for implementing this goal.
Another example is 10.21.03. in the “Constitution for Churchwide” which says that the ELCA is to foster organizations for persons of all gender identities.
The only recommended change in the “Model Constitution for Congregations” relevant to Chapter 7 (Property Ownership) is in C7.03 – to change the language from “transfer” to “relate” to another Lutheran church body.
Certainly so far the proposed amendments do show ELCA values and priorities. But I do not see how they would require a special, very expensive, reconstituting convention. For me what are most alarming are the proposed changes to Chapter 22 of the “Constitution for Churchwide” which would fast track the approval process for any additional amendments that may come to the floor – including from the Commission for a Renewed Lutheran Church – without requiring a second, separate, full Churchwide Assembly. These amendments to Chapter 22 were recommended by the Commission for a Renewed Lutheran Church.
A change in 22.11.a. would allow for the possibility of a special assembly amending the constitution in a single step, following recommendation of amendments proposed by the Church Council. According to this amendment, the Church Council proposes an amendment and then sends official notice to the synods at least six months prior to the next (the word “regular” is eliminated) meeting of the Churchwide Assembly.
Changes in 22.11.b. would allow amendments introduced on the floor of the Churchwide Assembly to be ratified unchanged by a 2/3 vote of the Church Council within 12 months of the assembly, instead of waiting three years for the next Churchwide Assembly. According to this amendment, 25 or more members of the Churchwide Assembly can propose an amendment. It states, “The proposed amendment shall be referred to the Committee of Reference and Counsel for its recommendation, following which it shall come before the assembly. If such an amendment is approved by a two-thirds vote of members present and voting, such an amendment shall become effective only if (the words are changed from ‘adopted’ to ‘ratified unchanged’) by a two-thirds vote of the members present and voting at the next (again the word ‘regular’ is eliminated) Churchwide Assembly.” The amendment then adds “or a subsequent two-thirds vote of the members of the Church Council taken within 12 months of adoption by the Churchwide Assembly.”
In the same way, Amendment 22.21, which also was recommended by the Commission, would allow for bylaw amendments to be approved by a special assembly, not only by a regular assembly.
Obviously, the Commission is planning on introducing amendments in addition to those that were given to the Church Council early enough so that the Church Council could send them out to the synods six months prior to the 2025 Churchwide Assembly.
SUMMARY
We do not know what else the Commission will be bringing to the Churchwide Assembly, though they obviously have prepared the way for their submitting more. There appears to be a deliberate strategy so that recommendations still to come from the Commission can be approved and ratified quickly and easily. We do not know what actually might happen at the Assembly. Assemblies can take on a life of their own. But we do know that it will not stop there.
* * * * * *
ADDITIONAL ANALYSES
Many thanks to Larry Becker, member of the board of Lutheran CORE, for his analysis of the ELCA’s “Myths and Facts” document, which he has sent to his congregation. A link to his letter can be found HERE.
HERE is a link to the analysis of the ELCA’s “Myths and Facts” document from the Lutheran Congregational Support Network. They also have a video on the same subject, a link to which can be found HERE. As I mentioned at the beginning, they are the organization whose work probably motivated the ELCA to produce that document. If you have not already done so, I highly recommend that you go to their website (LINK) and sign up to be on their email mailing list. On their website you will also find a just-released video regarding the proposed changes to Chapter 22 of the ELCA Constitution for Churchwide. Future videos will review other proposed changes coming from the Church Council to the Churchwide Assembly. The Support Network very intentionally approaches issues related to the ELCA not in terms of theology, and not in terms of cultural issues and Biblical moral values, but in terms of the ELCA’s Constitutions and the whole matter of congregational autonomy.
Finally, because theology is important, HERE is a link to an account from Steve Gjerde, LCMC pastor and former vice president of the board of Lutheran CORE, of the process of his congregation’s leaving the ELCA and their theological reasons for doing so. Steve particularly emphasizes their understanding of Holy Communion as informing and motivating their decision.
* * * * * *
VIDEO MINSTRIES
“MY LIFE WITH CARL BRAATEN AND PHIL HEFNER” by ROBERT BENNE
Many thanks to Robert Benne, Professor of Christian Ethics at the online Institute of Lutheran Theology, for his very warm and personal reflections and memories of two former colleagues. A link to his video can be found HERE.
Professor Benne writes, “One of the blessings of my life was to share a significant portion of it with those of two major Lutheran theologians, Carl Braaten and Philip Hefner, both of whom have died recently. We not only shared fifteen years of teaching together at the Lutheran School of Theology at Chicago, but extended our friendships for many years before and after those Chicago seminary years. In the following video I will go through some of the memorable moments I shared with both of them. Of course, since they were theologians, I will touch on their theological contributions. But many of the memories I will share have to do with other dimensions of our lives. The video is meant to be something of a historical record of a special time in Lutheran history, but also a winsome tribute to two Lutheran theologians who also happened to be my friends.”