Bradley Schmeling

Bradley Schmeling is a pastor who was removed from office for homosexual conduct. What's interesting is that the disciplinary committee while removing believed that the guidelines were unconstitutional and should be overturned:


Unconstitutional:

The committee is nearly unanimous in its concern that Definitions and Guidelines for Discipline and Vision and Expectations-Ordained Ministers of the Evangelical Lutheran Church in America are at least bad policy, and may very well violate the constitution and bylaws of this church (
Shmeling decision (pdf))

First, this discipline hearing committee respectfully suggests that the synod assemblies memorialize the Churchwide Assembly, and the Churchwide Assembly act, to request that the Committee on Appeals and the Church Council, pursuant to the authority granted to them by provisions 20.71.11 and 20.71.12 of this church’s bylaws, reconsider and revise Definitions and Guidelines for Discipline to remove the language that specifically precludes practicing homosexuals from service as ordained ministers of this church.

Second, this discipline hearing committee respectfully suggests that the synod assemblies memorialize the Churchwide Assembly, and the Churchwide Assembly act, to request that the appropriate churchwide unit, the Conference of Bishops and the Church Council, pursuant to the authority granted to them by provision 7.31.13 of this church’s bylaws, reconsider and revise Vision and Expectations to remove the specific prohibition against homosexual sexual relationships.

Third, this disciplinary hearing committee respectfully suggests that the synod assemblies memorialize the Churchwide Assembly, and the Churchwide Assembly act, to request that the appropriate churchwide unit, the Conference of Bishops and the Church Council, pursuant to the authority granted to them by provision 7.31.15 of this church’s bylaws, reconsider and revise the policy on reinstatement to the rosters of the Evangelical Lutheran Church in America to permit persons who have resigned or have been removed from the rosters of this church solely because they have entered into a loving, lifelong partnership with another person of the same sex that is mutual, chaste, and faithful, to apply for reinstatement immediately, as an exception to the usual requirement of a minimum of five consecutive years without call that must elapse before an application for reinstatement may be considered. (ibid)

For more on this case Lutherans Concerned North America Page