Official Judgment on Benke

 

Reverend Wallace Schulz
Second Vice-President
Lutheran Church–Missouri Synod

1 Timothy 3:16-"By common confession, great is the mystery of godliness: He who was revealed in the flesh, Was vindicated in the Spirit, Seen by angels, Proclaimed among the nations, Believed on in the world, Taken up in glory."

June 25, 2002

Dr. David Benke, President
Atlantic District, LC-MS
171 White Plains Road
Bronxville, NY

Dear President Benke,

"Now these were more noble-minded than those in Thessalonica, for they received the Word with great eagerness, examining the Scriptures daily, to see whether these things were so" (Acts 17:11).

I have spent many, many hours studying the allegations the 21 complainants have placed against you. I have sought to find the most God-pleasing answer to this case. In all of this I realize we in the LCMS have our own rules for living and working together. Since we have sworn to uphold the Constitution and By-laws of our Synod, these dare not be looked at lightly. At the same time, I have tried to use the Scriptures as the final guide in adjudicating this case.

I realize that President Kieschnick authorized you to participate in the Yankee Stadium interfaith service. However, each of us as Christians, and as clergymen, is responsible for our own actions. Therefore, as you read this report, I simply appeal to you, as a brother in Christ, to examine the Scriptures in light of your participation in the interfaith service at Yankee Stadium.

May God's living Word and Spirit enable and empower all of us to resolve this case in such a way that we will not be ashamed on the Final Day. For to Him alone is due all honor and glory.

"For our citizenship is in heaven, from which also we eagerly wait for a Savior, the Lord Jesus Christ; who will transform the body of our humble state into conformity with the body of His glory, by the exertion of the power that He has even to subject all things to Himself (Philippians 3:20-21).

Kindest Personal Regards in Christ,
Rev. Wallace Schulz


A "WRITTEN STATEMENT OF THE MATTER IN DISPUTE":
ADJUDICATION OF ALLEGATIONS AGAINST THE REV. DR. DAVID BENKE, PRESIDENT OF THE ATLANTIC DISTRICT OF THE LCMS

JUNE 25, 2002

REASON FOR THIS REPORT

As required by the Handbook of The Lutheran Church-Missouri Synod, the following is a "written statement of the matter in dispute" involving the allegations placed against The Rev. Dr. David Benke following his participation in an "interfaith service" at Yankee Stadium on September 23, 2001.

This "written statement" is part of the adjudication process carried out by LCMS Second Vice-President The Rev. Wallace Schulz. Since the LCMS Handbook specifically states in Bylaw 2.27.c.1. that the adjudicator (and not a committee) is to "prepare a written statement of the matter in dispute;" the first person "I" is frequently employed.

KEY EVENTS FROM SEPTEMBER 11, 2001 TO JANUARY 30,2002

September 11, 2001: On the morning of September 11, 2001, two airplanes crashed into the New York World Trade Center towers killing nearly three thousand people.

September 20, 2001: Nine days after the World Trade Center towers were destroyed, New York City Mayor Rudy Giuliani issued a press release inviting "families and colleagues of the victims of the World Trade Center" to be part of "A Prayer for America," an "interfaith service."

September 23, 2001: After conferring with LCMS President Kieschnick and receiving his approval, LCMS Atlantic District President David Benke participates in the interfaith service held in Yankee Stadium at 2:30 p.m.

October 22, 2001: The Rev. Joel Baseley of Dearborn, Michigan files allegations against President David Benke for his participation in the interfaith service at Yankee Stadium.

November 12, 2001: LCMS Pastors Rev. Charles Froh, Rev. Walter Otten, Rev. Joel Brondos, Rev. Brent Kuhlman, and Rev. Todd Peperkorn file a "formal complaint according to Synodical Bylaw 2.27 against Rev. David Benke."

November 28, 2001; LCMS Pastors Rev. James Bauer, Rev. John Berg, Rev. Dennis Brech, Rev. Daniel Bremer, Rev. Clark Brown, Rev. Eric Christiansen, Rev. James Dahlke, Rev. Gene Holtorf, Rev. Donald Hunter, Rev. Dean Kavouras, Rev. Michael McCoy, and Rev. Robert Wurst " bring the charge of unrepentant syncretism against . The Rev. David Benke, President of The Atlantic District of The Lutheran Church-Missouri Synod."

December 16, 2001: Our Savior Lutheran Church, Pagosa Springs, Colorado "brings formal charges against Rev. David H. Benke.."

January 28, 2002: Lamb of God Lutheran Church, Pleasant Prairie, Wisconsin lodges "Charges Against Atlantic President David Benke for Willfully Violating the Second Commandment."

January 30, 2002: LCMS Praesidium assigns the responsibility of adjudicating the allegations against President Benke to Second Vice-President, The Rev. Wallace Schulz.

March 10, 2002: Christ Lutheran Church, Sioux Falls, South Dakota "voted unanimously to bring formal charges against The Reverend Dr. David H. Benke.."

WHAT IS CALLED FOR IN THIS REPORT:
THE SPECIFIC RESPONSIBILITIES OUTLINED IN THE LCMS HANDBOOK

On January 30, 2002, I, Rev. Wallace Schulz received from the LCMS Praesidium the responsibility of adjudicating the Benke case on the basis of Synod's Handbook. The 2001 Handbook lists the following responsibilities on pp. 26-27:

  1. "Thoroughly investigate whether allegations can be substantiated"
  2. "follow guidelines of Matt. 18:15-16"
  3. "If . concludes that the facts form a basis for expulsions of the member . prepare a written statement of the matter in dispute which sets forth the alleged facts.."

Even though the LCMS Handbook lists "investigating whether the allegations can be substantiated" before "follow guidelines of Matt. 18:15-16," this report will take up Matthew 18 first, to show that attempts at reconciliation took precedence in the process. Correspondence between President Benke and The Rev. Wallace Schulz shows President Benke insisting that, since the Handbook lists "investigating" the matter before using Matthew 18, the investigation must therefore be completed before Matthew 18 could be carried out. This became quite a point of contention. On May 20, 2002, the Commission on Constitutional Matters ruled that the investigation did not have to be completed before the Matthew 18 reconciliation meeting took place.

In order to "thoroughly investigate" the Benke/Yankee Stadium matter, as stipulated by The Lutheran Church-Missouri Synod Handbook, I first checked with the office of the President of Synod to make sure I had copies of all allegations against President Benke. I then obtained from C-Span the two tapes of the entire September 23 Yankee Stadium event.

I, Rev. Wallace Schulz, have viewed several times the C-Span tape of the September 23 Yankee Stadium "interfaith service"; I have read and reread the six sets of allegations by the 21 complainants. I have read carefully and studied President Benke's 30-page response on the Atlantic District web site to the allegations against him. I have also studied the CTCR document used by President Kieschnick to authorize President Benke's participation in the Sept. 23 event. Finally, following the Handbook's charge to "fully investigate" the matter, I looked at any and all available information related to the matter.

In this life we live with a humanly-devised church polity. As Dr. Herman Sasse states in The Lonely Way, page 143, "Lutheranism is the only great Christian confession which knows of no particular external order as being of the essence of the church." Therefore, in situations such as the "Benke/Yankee Stadium" case, we must make absolutely certain that the human guidelines we work with (including all matters of Constitution and Bylaws) are clearly perceived by the greater church to flow naturally from the pure and true Word and will of God.

Our Constitution and Bylaws are important. But these are God-pleasing only when their connection to His Word can be easily and compellingly seen by all who examine the procedure of adjudication in the Benke case. This is to say that ultimately, this case has been adjudicated, not on the basis of man's opinions, but on God's clear Word.

SUMMARY OF THE ALLEGATIONS

Of the six sets of allegations from the 21 complainants, five allegations state President Benke is guilty of syncretism; five allegations say President Benke violated the synodical Constitution and Bylaws; four allegations state President Benke is guilty of unionism; and three allegations accuse President Benke of violating the First Commandment; there are also two allegations that Pastor Benke violated the Second Commandment; and, two allegations that President Benke publicly defended false doctrine.

As adjudicator of the allegations against President Benke, I, Rev. Wallace Schulz, read and re-read the allegations carefully.

SYNCRETISM
The most often-cited allegation raised by the complainants against President Benke is that he is guilty of syncretism. The Encarta World English Dictionary, 1999 edition, defines syncretism as the attempted combination of different systems of philosophical or religious belief or practice. When New York City Mayor Giuliani called for the Yankee Stadium interfaith service in his press release, he clearly stated his intention to bring together various religions from the New York City area. Pastor Benke participated in this bringing together of various religions. Thus, the allegation of syncretism is substantiated in fact since, regarding the worship service at Yankee Stadium, Pastor Benke himself, as late as April 2002, said, "Clearly the event was syncretistic."

VIOLATION OF THE LCMS CONSTITUTION AND BYLAWS
The second most frequent charge is that President Benke violated the LCMS Constitution and Bylaws. This charge is also substantiated in fact. Article VI of the LCMS Constitution states that "conditions for acquiring and holding membership in Synod" include "renunciation of unionism and syncretism of every description." This is an especially serious violation since, as already noted, Pastor Benke openly admits that the Yankee Stadium event was "clearly . syncretistic."

The substantiated allegation of syncretism, not just in the eyes of the church, but primarily in the eyes of God, is so serious that additional allegations would be totally unnecessary to warrant President Benke's removal from membership in The Lutheran Church-Missouri Synod.

UNIONISM
Four sets of allegations also accuse President Benke of "unionism." Syncretism and unionism are different. Syncretism deals with the relationship of Christians with pagan religions. Unionism deals with the bringing together of Christian groups/denominations who preach and teach different doctrines.

The allegations against Pastor Benke regarding unionism therefore flow from his worshipping together with those who deny the Bible-based Lutheran teachings of regenerative baptism, the real presence in Holy Communion, justification by grace through faith, etc. Representing these anti-Lutheran teachings at Yankee Stadium were one Methodist, one Reformed, two Roman Catholics, one Episcopalian, one Armenian, and one Greek Orthodox.

While the LCMS has always considered the above denominations to be Christian,1 we have also always believed it to be most God-pleasing not to worship with those with whom we have basic differences in doctrine,2 especially in the basic doctrines Jesus taught and the doctrines He has commanded us to maintain and to proclaim. Although he may not have intended this, Pastor's Benke's worshipping with a wide variety of Protestants at Yankee Stadium gave the public impression that the LCMS and American Protestantism agree on all basic doctrines of the Christian faith. This is not only a denial of our confession, it is also a denial of what Christ has commanded us to teach.3 Furthermore, such a confused public witness displays a lack of integrity, something that other denominations and even the secular world deplores.

Therefore, since our LCMS Constitution clearly states in Article VI that unionism of "every description" be renounced and, since Pastor Benke dearly and publicly worshipped with those who deny, and even teach against, Bible-based Lutheran teachings which come directly from Christ Himself, the serious allegation against President Benke of unionism is substantiated in fact.

FIRST COMMANDMENT
Three allegations against Pastor Benke deal with his alleged violation of the First Commandment.

By President Benke's joining with other pagan clerics in an interfaith service (no matter what the intent might have been), a crystal clear signal was given to others at the event and to thousands more watching by C-Span. The signal was: While there maybe differences as to how people worship or pray, in the end, all religions pray to the same God.

To participate with pagans in an interfaith service and, additionally, to give the impression that there might be more than one God, is an extremely serious offense against the God of the Bible. In his explanation to the First Commandment in his Large Catechism Martin Luther writes, "Although these words are related to all the commandments, as we shall learn later, yet they are joined to the chief commandment because it is of first importance that a man's head be right." In other words, violation of the First Commandment is very serious since the First Commandment is the foundation of all other commandments. The allegations of the complainants in this case are substantiated in fact.

SECOND COMMANDMENT
Two sets of allegations assert that Pastor Benke violated God's Second Commandment. For example, allegations from Lamb of God Lutheran Church state that President Benke willfully violated the Second Commandment, in that his participation in the interfaith services has "confused the faithful and pagan alike, thus deceiving in the name of God." Whether or not Pastor Benke intended to "deceive" by using God's name in a worship service with pagans is not the point. Letters from those who observed the service certainly clearly reflect this deception and violation of the Second Commandment. In discussing this same allegation of violating the Second Commandment, Pastor Baseley writes that Pastor Benke's "acts could not have been of the Spirit because they were a sin against the Second Commandment. Instead of keeping God's name sacred and separate from every other name, it was made common as it was dragged to the level of Allah." Therefore, the allegations that President Benke broke the Second Commandment are substantiated in fact.

DEFENDED FALSE DOCTRINE
The final allegation of two parties is that President Benke defended false doctrine. This statement is meant to say that, once he had participated in an interfaith service and, even after he had begun to be admonished. Pastor Benke continued to defend his sinful actions. The allegation of the complainants is substantiated in fact, especially from information President Benke has provided to the public via the Atlantic District web site.

SERIOUS ALLEGATIONS IN GOD'S EYES
The above listed allegations are serious, not only in man's eyes, but especially in the God's eyes. And I, Rev. Wallace Schulz, in stating that the above allegations of the complainants are substantiated in fact, realize that, I too, will someday be judged by God regarding my faithfulness in carrying out my responsibility in judging this case fairly and in a God-pleasing way (2 Corinthians 5:10).4 In other words, I regard this task of adjudication as a very serious matter in the sight of God. This adjudication procedure dare not be seen as little more than a secular court case. While there are certainly facts to weigh and judgments to be made, God's Word and Spirit must be considered as the final authority in resolving this issue. The Word and Spirit must be called on by all parties. This is why significant efforts were expended to try to get the complainants and Pastor Benke together in an attempt to reconcile the matter, as the Handbook stipulates and as God expects His children to do-settle their differences as directed in Matthew 18.

CONCLUSION

Therefore, after thoroughly investigating this case on the basis of the allegations of the complainants, and especially, on the basis of God's revealed will I, Rev. Wallace Schulz, find the above allegations of the complainants to be substantiated, and that the facts form the basis for expulsion of The Rev. David H. Benke under Article XIII of the Constitution of the Synod.

In carrying out my responsibilities in adjudicating this case, one element made this case especially complicated-the role of the synodical President. The Synod in convention gives the President of Synod enormous power and responsibility, including the ecclesiastical supervision of District Presidents. In this case, the President of the Synod gave permission to Pastor Benke to pray at Yankee Stadium. At the same time, however, every Christian and especially every clergyman is finally responsible for his own actions. I have found President Benke's actions to be contrary to the confession laid down in Article II of the Constitution, namely, the Holy Scriptures and the Lutheran Confessions, and to the conditions of membership laid down in Article VI.

At this point. President Benke, I address you personally and as a brother in Christ.

Even though complainants have asked for your direct and immediate removal from membership in the Synod, I am asking you, President Benke, on the basis of the Word of God, to rethink what you have done. I do this because, even though someone else may permit/authorize, or even command you to do something, you are still accountable for your own actions (Acts 5:29).

As adjudicator of this case, in brotherly love and admonition, I appeal to you, President Benke, please make a sincere apology to our Lord, to all members of The Lutheran Church-Missouri Synod, and to all Christians who are part of Christ's Body. Joining in prayer with pagan clerics in Yankee Stadium was an offense both to God and to all Christians.

This is not a call for you to merely return to a parochial practice of the LCMS. This is a call to return to the practice of Bible-based historic Christianity.

If you refuse to sincerely apologize for your actions at Yankee Stadium on September 23, 2001, you are herewith informed of your suspended status according to Bylaw 2.25 of the Synod.

I remind you that you will have 15 days from the date of receipt of this statement of the case to advise the Secretary of the Synod that there is a desire to have the matter heard and resolved by a Dispute Resolution Panel. Failure to provide such a written request within the 15-day period will be deemed to be consent to termination of membership in the Synod. In Christ,

The Rev, Wallace Schulz
Second Vice President
The Lutheran Church–Missouri Synod
June 25, 2002

1 Pieper. Christian Dogmatics, vol 3, page 383

2 "For there still exists between the 'Evangelical Lutheran Church' and the 'Church Reformed according to God's Word' a deep divide regarding the doctrines of justification and predestination; regarding the Holy Scriptures and the relationship between law and Gospel; regarding the Sacrament of the Altar, the office of the ministry, and the organization [Verfassung] of the church." Sasse, Herman, The Lonely Way; Selected Essays and Letters, vol. 1. pp. 264-4; Concordia Publishing House, 2002.

3 All too often in our zeal to do evangelism and outreach we forget the clear command that Christ included in the great commission, as underlined; 19 "Go therefore and make disciples of all the nations, baptizing them in the name of the Father and the Son and the Holy Spirit, teaching them to observe all that I commanded you: and lo, I am with you always, even to the end of the age."

4 In his book. Follow Me: Discipleship According To Saint Matthew, Martin Franzmann describes this responsibility when he writes: "The relationship of the disciple remains a consciously personal and responsible one. His life is one of action, not of contemplation. And the action is under the tension of responsibility to a Lord who will come again in glory to judge both the quick and the dead: 'The Son of man is to come with His angels in the glory of His Father and then He will repay every man for what he has done'" (Matthew 16:27).

Posted July 7, 2002