When a Third Way Isn't Possible:

Reflections on ELCACWA22

Greetings in the name of the God who, in being reconciled with the Abba/Imma, chose instead to be at odds, in conflict, or diametrically opposed to the structures of faith, worship, and community he encountered. Greetings from the God of sacred subversion who came as a sword and promised to cleave sibling from sibling; the one who came not to bring a passive peace and  keep things as they were, but waged peace on the world in hopes of us glimpsing what could be. I greet you in the name of the one who fled to Egypt, escaped his hometown trying to murder him, and his own friends trying to worship him, Jesus Christ of Nazerth. Amen. 

I wish I had more rage or anything visceral about #ELCACWA22. Truly. I wish I was angry, sad, enraged, enlightened or warmed by what I saw. Maybe it’s because I know Black woman leadership has been at the center of it, much of which I know is headed up by leaders smarter than me. Full stop. 

Good leadership can ease a troubled mind.  But I still can’t muster any strong reactions.  Why is that? 

Maybe it’s because of the year and a half of outpatient care I have been in for my ADHD and CPTSD diagnosis. Maybe it’s because of what’s up ahead, more outpatient care for neurodiversity and a very likely autism diagnosis.

Maybe it’s the disturbing nature in which those I loved for so long chose to paint me during these last two years, the violent hues, obtuse shapes, and the outlines of an out of proportion monster, the lines drawn with clumsy fingers of a child and infused with teen pubescent rage. 

Maybe it’s after thinking the terror of going through a very stressfull divorce as a nuerodiverse traumatized person was finally over, until I found a kid hiding in my bushes the other day.  “Hey kid. Pretty sure I know why you are in the bushes, you looking for Lenny Duncan?” He must have heard who I was from the local #FAFO peoples. I served him more than he served me per se.

Maybe it’s the privilege of serving at Immanuel Lutheran Church Seattle as Sabbatical Pastor and just seeing up and close and personal how weary the people of God really are, and how our current system is hamstrung by it’s structure, polity, lack of maintenance, and a complete lack of theological imagination. 

Or maybe it is because the Conference of Bishops, our congregations, our churchwide itself –the ELCA– has locked itself into an intractable situation. Everyone's hands are now tied together as the currents of time pull us not just down the river and towards a cliff’s edge, but threaten at the next Churchwide Assembly to dash us upon the rocks, and drown those already weary from treading water far too long.

Maybe this is why all I could feel was a sense of overwhelming Divine mercy as I watched everyone who took the mic. Everyone. 

I want to start any power analysis of this Churchwide Assembly by saying bravo to each and every caring, loving, and revolutionary Lutheran who wrote, edited, re-edited, took 3 am phone calls for prayer about, and had any hand in the legislative process to get this year's memorials through. This was clearly a more organized, more diverse, and more widely adopted reformation wave than any we have seen sweep the ELCA in recent years.

Sincerely, Y’all my hero’s when I couldn’t even get dressed some days. No lie, ask my community here in PDX. I have been hiding pretty much debilitating neurodiverse symptoms since I was re:traumatized in the uprisings. 

To the leadership of this latest reformation wave:  the game is afoot now, and even your own team will hate you for the momentum. Stay the course, and if you see me, I owe you a cup of coffee. 

But beyond this, what I felt was mercy. 

Mercy is something we will need in large supply #CWA2025. Mercy is the lens we will need for each other. 

Mercy is not surrender. Mercy is not allowing something to suffer at the end of its life. Mercy is not quiet when it enters a room afoul with the demonic. For our purposes we will identify the demonic as white supremacy, it’s systemic and institutionalized manifestations, and the more nefarious internalized forms of it that split our own BIPOC and LGBTQIA+ siblings. 

I’m talking about Black, Brown, Indigenous, Latino/a/x, API, and Asian (i.e. the entire international community of a multiplicity of peoples who are ELCA from the SubContinent of India to our Mong siblings and all those in between), African siblings and ability to walk together. We were put together in a post Enlightenment eccliaiastical structure, solely based on Western European principles, dogma, creation, construction and narrative around history, academia, the imperial system (or western empiricism if you prefer). God knows, no wonder we can never seem to work together. 

We were put in a pit and sent to pick each other off simply because we are so starved in this system we must now sate our hunger on one another. We are in a hopeless situation, intractable perhaps. 

Mercy is the urge to keep your hands at your side as your face stings from the slap of those you are supposed to trust.

But I don't think that this intractable situation is the only way forward after CWA22. 

You see, there are several possible roads I believe we can walk down. (I want to acknowledge there are quite possibly innumerable beyond my perception). The few I see are not only walkable; we may even be able to walk them as church together. 

As I have stated before: The ELCA is in violation of its own constitution, and its main organizing principle. This was all done in the due course of actually enforcing a provision from this bylaw. The most cunning thing Satan does is use the best of us against us. 

The ELCA has more structures than most of our mainline siblings to remove, punish, censure, or defrock a pastor or deacon. 

We will talk about the removal of Bishops later, because I actually think that is being adjudicated with the right spirit, but for now let’s focus on the terrible application set in motion by a prior generation of bishops who were mostly straight white men. 

Because of this legacy, I actually think in a very real way the conference of Bishops as it exists today is largely blameless in retrospect for anything that has happened up until this last CWA assembly

Please don't tell them I said that. 

Why is it important to state that it is Section 5.01 of the ELCA constitution the “church” is in violation of? Well the “organizing principles” are actually non profit articles of incorporation. So stick with me here. In my reading of the constitution, it is in fact the questioning of ELCA constitutional bylaw 5.01 that has large elements of the church concerned that it may have consequences for articles of incorporation 2 and the aptly named article 13 of the ELCA’s incorporation as a “church.” 

The Breakdown: What is “the church”?  I often rant about this entity, the church. But what is it? I am sure if we waited a few years we could get a real flowery answer out of the theological ethics table. A real sermon on the inner ecclesia, and need to unite. 

But according to our articles of incorporation say “the church” is: 

ARTICLE I

The name of this corporation shall be:

EVANGELICAL LUTHERAN CHURCH IN AMERICA

ARTICLE II

This corporation (sometimes referred to herein as the “Church”) is organized and shall be operated exclusively for religious purposes and, specifically, this corporation shall constitute a Lutheran church the purpose and functions of which shall be as specified from time to time in the Constitution of this corporation.

Within the framework and limitations of these purposes, the Church is organized and shall be operated exclusively for religious purposes and shall have such powers as are consistent with the foregoing purposes, including the power to acquire and receive funds and property of every kind and nature whatsoever, whether by purchase, conveyance, lease, gift, grant, bequest, legacy, devise, or otherwise, and to own, hold, expend, make gifts, grants, and contributions of, and to convey, transfer, and dispose of any funds and property and the income therefrom for the furtherance of the purposes of the Church herein above set forth, or any of them, and to lease, mortgage, encumber, and use the same, and such other powers which are consistent with the foregoing purposes and which are afforded to the Church by the Minnesota Nonprofit Corporation Act, and by any future laws amendatory thereof and supplementary thereto.

So the “church” is a Minnesota non-profit whose stated above purposes seems mostly to be for the purpose of land theft and settler culture (i.e. the movement, acquisition of wealth, money, gifts, bequests, legacy, inherited wealth). The church is also a tax shelter from the U.S Government. 

Don't get at me about this – it literally says: and the name of this corporation shall be The Evangelical Lutheran Church in America. 

Hold that thought, I know you are saying right now, “But Lenny, our Constitution says a lot more than that.” 

OHHHHHH boy does it! 

Like in Article II here-(Emphasis added by me): 

This corporation (sometimes referred to herein as the “Church”) is organized and shall be operated exclusively for religious purposes and, specifically, this corporation shall constitute a Lutheran church the purpose and functions of which shall be as specified from time to time in the Constitution of this corporation.

So this means that one can question if we are still a “church” as defined by the pretty heinous definition above and whatever the constitution says about organizing. Meaning we are only what we say we are under the provisions around organizing in our constitution, and if we are not what we say we are –if we are no longer church–a group ]can conceivably, in a churchwide assembly, call for article 13.  

What's article 13? 

Glad you asked. It’s how you dissolve this “church,” I mean our non-profit corporation and asset manager out of Minnesota organized for the expressed constitutional religious services. The church doesn't have shareholders, but the U.S Government recognizes that we the people via the vehicle of Synods and congregations are fiscally invested also in the ELCA corpTM. So in case of dissolution, or to start that process, it can start in one or more Synod legislative bodies, who in turn bring their complaint to the CWA. In this way, CWA every year, duly elected and through that body of 65 Synods, empowers churchwide council to act as a board of directors who administer the work of the memorial’s that are passed at the assembly and who have to report to the “shareholders” or the body politic of the church, via CWA.  (Likewise, the Presiding Bishop is the CEO of is non-profit, and the VP is the COO, both responsible to the board, who is responsible to the assembly)

Now that I beat that dead horse back to life what does Article 13 say? 

In the event of the dissolution of this corporation any surplus property remaining after the payment of its debts shall be disposed of by transfer to one or more corporations, associations, institutions, trusts, community chests, or foundations organized and operated exclusively for one or more of the purposes of this corporation, and described in section 501(c)(3) of the Internal Revenue Code of 1954, in such proportions as the Church Council of this corporation shall determine. Notwithstanding any provision herein to the contrary, nothing herein shall be construed to affect the disposition of property and assets held by this corporation upon trust or other condition, or subject to any executory or special limitation, and such property, upon dissolution of this corporation, shall be transferred in accordance with the trust, condition, or limitation imposed with respect to it.

There is a large element of the church that will use a lot of language, a lot of preaching, pleading, and trying to explain the different sides they are on. But always remember this is about 2 numbers. 

7 out of 65. Or 12.3% out of 1 trillion dollars. 

Why? 7 out of 65 Synods are calling for reconstitution.  12.3% out of 1 trillion is the amount of assets they would possibly be entitled to, quite legally if they use all means of redress, and decide to leave. None have expressed this, but that would be one possibility if  the church doesn't take this seriously. 

12.3% of 1 trillion dollar endowment  =the fierce resistance, pushback and irrational fear you have seen from some of our truly most kind, loving, and gifted leaders + 331 million in property and assets. 

12.3 % of the ELCA is 7 Synods. Some of which are the most densely populated, and some of the hottest property and  real estate markets in the country. The slice of the pie is probably technically larger. 

Two numbers. 12.3 % of one Trillion. That's the only equation that matters. 

That's why we violate Constitutional Bylaw 5.01 constantly, and will continue until this current reformation wave is truly listened to, and the committee to prepare for the CWA25 a new ELCA constitution to adopt is sprung into action. 

A CWA25 that already has the business of electing a Presiding Bishop, among a host of other things. 

ELCA CONSTITUTION: 

Chapter 5.

PRINCIPLES OF ORGANIZATION

5.01. The Evangelical Lutheran Church in America shall be one church. This church recognizes that all power and authority in the Church belongs to the Lord Jesus Christ, its head. Therefore, all actions of this church by congregations, synods, and the churchwide organization shall be carried out under his rule and authority in accordance with the following principles:

1.  The congregations, synods, and churchwide organization shall act in accordance with the Confession of Faith set forth in Chapter 2 of this constitution and with the Statement of Purpose set forth in Chapter 4.

B. This church, in faithfulness to the Gospel, is committed to be an inclusive church in the midst of division in society. Therefore, in their organization and outreach, the congregations, synods, and churchwide units of this church shall seek to exhibit the inclusive unity that is God’s will for the Church.

C. The congregations, synods, and churchwide organization of this church are interdependent expressions sharing responsibly in God’s mission. In an interdependent relationship, primary responsibility for particular functions will vary among the expressions. Whenever possible, the entity most directly affected by a decision shall be the principal party responsible for decision and implementation, with the other entities facilitating and assisting. Each congregation, synod, and separately incorporated ministry, as well as the churchwide organization itself, is a separate legal entity and is responsible for exercising its powers and authorities.

D. Each congregation and synod in its governing documents shall include the Confession of Faith and Statement of Purpose and such components as are required in the Constitutions, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America. Beyond these common elements, congregations and synods shall be free to organize in such manner as each deems appropriate for its jurisdiction.

Our first organizing principle is: We are one church. BIPOC, LGBTQIA+ and afab, femme, and woman of the church are saying that isnt the case. We don't feel like it’s one church. We don't experience it as one church. 

We gather under Christ’s name and believe in Augsburg confessions same as you. Thus we can organize in any way we deem as needed for the Kin-dom of God, even against the interest of the Presiding Bishop, or the churchwide organization, particularly if it is the spirit of   inclusive unity that is God’s will for the Church.That's the gist of those first 4 parts. 

Pretty damn cool stuff. I love this church sometimes. So what's all the hubbub about? 

It is the Conference of Bishops' enforcement of this provision that seems to be the problem, as displayed at the Sierra Pacific Synod for all to see. I present Chapter 5.01 J of the ELCA Constitution: 

• Each assembly, council, committee, board, task force, or other body of the churchwide organization or any churchwide units shall be conclusively presumed to have been properly constituted, and neither the method of selection nor the composition of any such assembly, council, committee, board, task force, or other body may be challenged in a court of law by any person or be used as the basis of a challenge in a court of law to the validity or effect of any action taken or authorized by any such assembly, council, committee, board, task force, or other body.

Basically: we do what we want internally to you or anyone else if you say you are a member or clergy of this organization, the church, the ELCA. and yall can’t do shit really. Civil rights as an employee? 

Sorry buddy you are part of a 2,000 year old religion now and we do what we want. 

But in the enforcement of 5.01J the conference of Bishops and the churchwide organization has violated provisions 5.01A-D. 

Thus making it impossible to be One Church. For more than just marginalized siblings, for our white siblings also who in faith have suffered and waited for their own church to read the writing on the wall. 

If we don't take this reconstitution seriously it is well within these Synods rights to call for Dissolution as provided by Article 13, with due and proper course to establish new entities and non-profit corps to receive 12.3% of the ELCA’s assets. 

This would be a disaster. Already our mainline siblings are seeing the effects of factions of the church spending down as much of an endowment as they can before dissolution. 

The Conference of Bishops hands are tied, without our help they are almost helpless. They have internal behavioral covenants that prevent them from publicly “defaming” one another . This behavioral covenant keeps those within the conference who want to speak up and out against another Bishop. 

Also let's not forget the “baby bishop school” , which we always make light of, is really months of ELCA lawyers, bureaucrats, and other talking heads explaining every precedent, law, and policy that prevents members of the conference  from actually pastoring us in times of need, or moving quickly to stop abuse among themselves. 

Y’all know I'm the last person to defend this group of ……… colleagues.

But these and a host more factors prevent your favorite 20 or so “progressive” Bishops from doing more, and your middle of the road folks in the conference believe the legal and ecclesiastical consequences are becoming more of a strain on an already overburdened system that barely survived COVID. 

I suspect there are some who enjoy this carte blanche power. 

But where do we go?

If we don't reconstitute, we dissolve. At CWA25 if you look at the arc of liberal non profit institutions,  after a white woman ends up heading the organization typically a BIPOC or LGBTQIA+ (out) gets the leftovers of a massive institution  white men ran to ground decades before.

If we aren't readily prepared we may set that sibling up for failure, and the ELCA stalling this until CWA28 will cause massive loss of membership, synods, and clergy. We could dissolve. Or worse. Devolve.

But the hope is no one walked away happy from this year's assembly. That means we made progress. It’s only really democratic if everyone walks away happy or a lil pissed. That's the only two roads. 

There is hope because we are still talking. Barely. As long as we continue to try to talk this out and stay in the conversation we get a shot at something amazing.There is hope because you have a pulse, Beloved. That means we have a chance. 

Whoever did the memorial about the on the leave from the call roster, thank you. Thank you from the bottom of my heart. 

Written in Love and Liberation

The Rev. Lenny Duncan +