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Guidance, Pastoral and Bureaucratic

Abstract: In the Sierra Pacific Synod, incumbent bishop and bishop elect collaborate on a letter to clergy regarding same-sex marriages in the synod. ELCA Secretary David Swartling is quoted.

On Friday, June 13 clergy in the Sierra Pacific Synod received a footnote-laden letter from Rev. David G. Mullen, bishop of the synod, and Rev. Mark Holmerud, bishop elect addressing the issue same-sex marriages. In California, marriage licenses can be issued to same-sex couples beginning June 17. The bishops note:
It should be understood that no pastor is required to preside over any marriage for which s/he does not feel it would be pastorally appropriate to perform such a service. We also understand that some of you may choose to offer such a ceremony, but are concerned about possible consequences for such a choice.
The letter invites clergy who are asked to perform same-sex marriages to continue the synod's recommended practice of consulting with the bishop in advance of performing the rite.
Naturally, before the letter was sent to clergy, it was sent to the office of ELCA Secretary David Swartling for comment. And comment he did in a memo dated May 27. The bishops quote Secretary Swartling:
The constitution and bylaws, as well as related policy documents of the ELCA, do not provide a basis for pastors of this church to officiate at a same-sex marriage. Under ELCA policy, marriage is defined as a covenantal relationship between a man and a woman. The Churchwide Assembly has had opportunities to change this policy, both to make it less restrictive and to make it more restrictive. It has declined to do so.
In light of ELCA policy, pastors, synodically authorized ministers, and congregations may be subject to discipline if they officiate at same-sex marriages and allow them to take place in their buildings. ELCA governing documents identify those who may initiate charges; those who may bring charges against a pastor are enumerated in ELCA 20.21.03, and those who may bring charges against a congregation are listed in ELCA 20.31.03. These provisions mean that bishops cannot preclude the commencement of disciplinary action, even if they personally desire to exercise restraint pending the 2009 Churchwide Assembly.

The bishops indicate that they will take to heart the recommendation of the 2007 ELCA Churchwide Assembly to exercise restraint in invoking disciplinary procedures to address these matters. As Secretary Swartling's comments indicate, bishops "cannot preclude" disciplinary action entirely, and while Mr. Swartling provides an excellent summary of the mechanics of the disciplinary process, he does not indicate what reasonable grounds there might be for invoking the disciplinary process against pastors who perform same-sex marriages.

(Vol. II, xxxiii June 15, 2008 )

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