July 17, 2008

Bishop censures congregation for ordaining gay pastor – Synod urges restraint in discipline

Holy Cross Lutheran Church in Newmarket, Ontario, ordained and hired Lionel Ketola, an openly gay, legally married man, knowing they could be disciplined for doing it, including the possibility of removal from their denomination.

In May, when Ketola was ordained, the congregation knew that the rules of the Lutheran Church in Canada (ELCIC) did not allow gay clergy who were openly public about their orientation – but they were compelled by the gifts and talents of Ketola and decided to be faithful to their calling and his calling, despite the possibility of punishments.

So when Bishop Michael Pryse of the Eastern Synod of the ELCIC publicly censured the congregation at the synod's July 9–13 assembly in London, Ontario, it was not a surprise. But what was surprising was that the synod assembly, which meets every two years, also passed resolutions that encourage the bishop and synod council to exercise restraint in disciplining pastors and congregations who in good conscience call pastors like Lionel Ketola, and those who in good conscience bless or marry same-gender couples.

So while the Bishop disciplined the congregation and publicly censured and admonished all other clergy who participated in the extraordinary ordination, the voting body asked the officials to consider further actions with great care and restraint.

Despite being known as a supporter of full participation by lesbian, gay, bisexual and transgender (LGBT) people in the church, Bishop Pryse also announced that, because of his role and required procedures, he was obliged to convene an Investigative Committee to advise the synod council at its November 2008 meeting if further discipline was called for in this violation of church policy that only allows LGBT persons to be ordained clergy if they are silent about their orientation. He noted that the synod council could, upon the committee's recommendation, suspend or exclude Holy Cross from the ELCIC. And, in light of the rules, the Bishop announced that "neither the ELCIC nor any of our Full Communion partners will recognize the validity of this irregular rite and Mr Ketola is not recognized as being a rostered minister of this church."

Adding to the mixed messages, the Treasurer's report followed on the heels of the Bishop's Report, wherein Holy Cross, a small congregation of 280 members, was thanked for their gift of $27,000 which helped bridge a gap in the synod budget. While this commendation was being made, a picture of Holy Cross with Pastor Lionel Ketola in clerical garb was displayed on the screens to the assembly.

The next step will be the appointment of the Investigative Committee to make recommendations to the synod council about whether further discipline is called for in this situation.

Emily Eastwood, Executive Director, Lutherans Concerned / North America, said, "The bishop and the synod council now know that it is the desire of the highest legislative body of the synod that those acting in good conscience in the name of full inclusion should not incur dire punishments. Clearly, the Holy Spirit is at work. One has only to look at the wonderful ministries of Holy Cross and their willing and dedicated commitment to the work of the synod and the church to understand why we must continue to work together as the Body of Christ.

"The actions of Holy Cross have illuminated an injustice and drawn a response from the institution. We can only hope that the Holy Spirit will work in all of this such that full inclusion becomes ordinary rather extraordinary."

Bishop's Report

[Extract from Bishop's Report to 2008 ELCIC Eastern Synod Assembly, pages 3-1,e-f]

We want to be a synod that is engaged by challenging questions.
Our synod continues to engage significant issues of social policy through the Public Policy Advisory Committee, the Service working group and the work of numerous volunteers who represent us in a variant of church relation social justice collations. We have addressed questions of aboriginal rights, social housing, health care and poverty. The question we face that stirs the most controversy, however, concerns theological struggles around questions of inclusivity and the place of gay and lesbian persons in the church.

On April 20, 2008, Holy Cross Evangelical Lutheran Church in Newmarket, ON voted to issue a call to a candidate who has not been approved for ordination through the candidacy processes of the Evangelical Lutheran Church in Canada (ELCIC). This action marked a serious breach of the constitutional obligation of all congregations and rostered persons to "abide loyally by the constitution, administrative bylaws and enactments of this church and those of the synod of which it becomes a part." ELCIC Constitution Article VI, Section 3. Specifically, by issuing this call, Holy Cross congregation has chosen to disregard its obligation to "assure that only those on the roster of this church serve it in a pastoral capacity, except as this principle is waived in a specific instance with the approval of the bishop of the synod, subject to review by the synod council." ELCIC Administrative Bylaws, Part II, Section 2h. Since that time, I understand that an irregular service of ordination occurred and that several of our synodical pastors participated in the service by vesting and/or participating in the rite of laying on of hands. I am aware of some, but not all, of those who participated in this way. Regardless, neither the ELCIC nor any of our Full Communion partners will recognize the validity of this irregular rite and Mr. Ketola is not recognized as being a rostered minister of this church.

After much soul searching, conversation and considered reflection, I have come to the conclusion that any rostered person who vested for this service and/or participated in a rite of laying on of hands will have chosen to publicly participate in an action that our church prohibits and, as such, is subject to subsequent disciplinary action.

The ELCIC Manual on Discipline for Rostered Ministers specifies a series of disciplinary consequences, one of which constitutes public censure and admonition. Given the circumstances and present context, I have concluded that this is an appropriate response. As such, I am today, in the presence of this synod, publicly censuring and admonishing those clerics who participated in this unauthorized act.

I am also publicly censuring and admonishing Holy Cross congregation and have concluded that I am obliged to, in due time, appoint an investigative committee to examine this situation as per ELCIC Administrative Bylaws, Part II, Section 6c. This committee will then report and bring recommendations to the Synod Council at their November 2008 meeting. While the constitution does not specify a range of discipline for congregations in such circumstances, it does say that the Synod Council may, upon recommendation of the committee, suspend or exclude the congregation from this church.

As noted in previous communication with Holy Cross congregation and the Eastern Synod clergy roster, "I am committed to working toward ending practices that preclude the full participation of all God's people in the life of the church, regardless of sexual orientation. I realize that many … share a similar commitment and might see participation in this service as a way of giving public expression to this position. Indeed, when viewed from a very local perspective, some may be tempted to think this is an appropriate way to proceed. However, when viewed from a wider perspective, I believe that this action required participants to abandon several foundational and confessional principles which inform our church's understanding of ecclesiastical polity and the role, identity and functioning of its rostered leaders. In short, these are principles whose affirmation we owe to one another as we engage important questions as a wider community of faith."

In recent years, our synod has advanced the cause of full ecclesial inclusivity for gay, lesbian, bisexual, transgendered (GLBT) persons in a number of ways. We have done so honestly and with integrity in a way that is respectful of the opinions of our partners in the life of the wider church. I am not unmindful of the appropriate role that acts of civil disobedience can play in significant process of political change. I do, however, believe that such actions are only warranted under conditions where legislative mechanisms to achieve change are either unavailable or so corrupted as to be ineffective. I do not believe that either of these scenarios is the case within the ELCIC. Such mechanisms are available to us, and while not without fault or frustration, are ultimately the only effective means of achieving the reform that some of us might seek. Change is possible and I believe it will happen. I believe that we will soon experience a day when individuals in circumstances such as Mr. Ketola will be regularly ordained by the whole church and not irregularly ordained by a small segment of the church. This is the goal I seek.

However, I am also mindful of the pain, suffering and violence which is daily visited upon GLBT persons throughout the world. This is more than just an arcane church fight. This is an issue which affects a great many people in very real and tangible ways. As such, our church's inability to address this situation in a way that acknowledges the legitimate differences that Christian people can experience with regard to this question is deeply distressing to me. It troubles me even more, that good, faithful members and leaders of our church have come to the conclusion that disobedience is the only way this cause can be advanced. The status quo cannot be allowed to continue.

I have made my case in a variety of other forums and won't repeat my arguments here except to say that the so-called "local option" is the only way forward. I intend to continue to advance this cause within the ELCIC and encourage our synod to do likewise. We need to agree to disagree. Let's get on with it!

[End of Extract]

Resolutions passed by the Eastern Synod, ELCIC, Assembly

On encouraging restraint in discipline of congregations and pastors:

• The Eastern Synod Assembly encourage our Bishop and Synod Council to exercise restraint in disciplining those congregations, pastors and members who, as a matter of conscience, call individuals who are "self-declared and practicing homosexuals."
• That the Eastern Synod Assembly encourage our Bishop and Synod council to exercise restraint in disciplining those pastors who as a matter of conscience bless or marry same-gendered couples in compliance with provincial law.

It must be noted with slight surprise that the second resolution, on blessings and marriages, was contained in a single motion with the restraint resolution and passed with without a single comment having been offered during the debate and discussion.

And on the initiation of the process for an Investigative Committee in the matter of Holy Cross:

• That as soon as possible, the Bishop and the Eastern Synod Council publish, in the Eastern Synod Lutheran, the appointment, mandate and guidelines for the investigating committee called in response to the extraordinary ordination and call to Holy Cross Lutheran Church, Newmarket.

Another resolution was passed regarding the ELCIC's Social Statement on Human Sexuality, which is in process for presentation to the 2011 National Convention of the ELCIC. The ELCIC has never had a separate social statement on sexuality. [The ELCA's (Evangelical Lutheran Church in America) draft social statement on human sexuality is out for comment, leading to presentation to the ELCA Church Council and subsequently the Churchwide Assembly in 2009. The action ELCIC is unrelated to the action ongoing in the ELCA.]

The Eastern Synod Assembly passed the following resolution regarding the ELCIC social statement:

• That the Eastern Synod – its members, congregations, synodical agencies and institutions – seek ways to live together faithfully recognizing that we are in mission for others; and
• That the Eastern Synod in assembly urge its members, congregations, synodical agencies and institutions to participate in and respond fully to the ELCIC Sexuality Study at the individual, congregational, and institutional levels; and
• That the Eastern Synod Assembly convey this motion to the 2009 National Convention of the ELCIC for its consideration.