Synod shares potential legal concerns for chartering LCMS congregations to consider.
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LCMS dissolves formal relationship with Boy Scouts of America.

Harrison, Day speak to history and
future of BSA–LCMS relationship

Tuesday, Dec. 1, 2015

Dear brothers and sisters in Christ,

The grace of our Lord Jesus Christ and the love of God and the communion of the Holy Spirit be with you all. Amen.

First, we apologize for the slow nature of this letter, realizing that congregations and individuals have been waiting for word from the Synod on this issue. However, the recent Boy Scouts of America (BSA) adult leadership standards change — effected by the BSA National Executive Board July 10, 2015, that lifted the BSA’s ban on openly gay Scout leaders — caused great concern and has led us formally to dissolve the Memorandum of Understanding (MOU) between The Lutheran Church—Missouri Synod (LCMS) and the BSA. As of Dec. 1, 2015, the LCMS no longer has an official relationship with the BSA.

Second, while we understand the legal concerns that led to this new BSA direction, it is simply a place the church is not willing to go. At our summer 2013 meeting with the BSA, we were assured that changes concerning adult leadership would not be on the table, but that was not the case. We are now being told that the LGBT agenda, even with the most recent change, won’t affect the content of Scouting or the BSA experience, but we do not believe that will be the case.

Third, it is important to know that the LCMS has never “endorsed” Scouting formally. Past Synod conventions determined that participating in Scouting was not a matter of fellowship and did not undermine our theological convictions or violate our position on unionism and syncretism. Therefore, the matter of Scouting was “left to the individual congregation to decide,” with each congregation having the responsibility to “establish its own policy as pastoral wisdom on the part of both the congregation and the ministry in its own particular situation dictates.” “Synod thus neither encourages nor discourages Scoutism in any congregation” (1953 Convention Proceedings, pp. 555–556). Unless the Synod in convention issues a change, this is still the case.

We have had an MOU with the BSA for some time that was based on mutual trust between the LCMS and the BSA. The memorandum was renewed periodically through the years by different LCMS presidents. The BSA’s recent inconsistent direction on human sexuality and its policy changes, however, have led our office to conclude that such an MOU is, regretfully, no longer tenable, and thus our decision formally to dissolve the MOU between the LCMS and the BSA.

As congregations now consider their continued involvement with the BSA, we thought it important to share something of this past and recent history of the LCMS–BSA relationship. We also need to share potential legal concerns that chartering LCMS congregations should consider. Recent federal rulings, including the Supreme Court ruling in Obergefell v. Hodges, are shaping decisions by organizations such as the BSA. Previous rulings, including the Boy Scouts of America v. Dale decision, seem likely to no longer hold in court.

For instance, a recent BSA memorandum cites cases demonstrating that the BSA has been held to be a place of public accommodation in some states and not in others, noting there is no national determination of the issue. Interestingly, the memorandum readily acknowledges that cases that previously held that the BSA was not a place of accommodation were decided long ago when “the courts viewed homosexuals and the BSA in different lights,” and it ends the discussion by candidly saying, “A court could conclude that the BSA is a place of public accommodation based on the size and inclusiveness of the Scouting program.” Based on these comments, it appears that the law is growing stronger for those who might be in a position to file suit for discrimination against the BSA and, by extension, against chartered organizations, including LCMS congregations.

While legal speculation is just that, we are concerned that the legal boundaries are still being drawn with each court case, and we are concerned that LCMS congregations could be pulled into such a legal battle. Congregations who continue their BSA charters after the Dec. 1, 2015, dissolution of the LCMS MOU should seek local legal counsel and guidance on how best to safeguard themselves legally.

To that end, we are calling for the establishment of a task force to consider Scouting and the involvement of the LCMS going forward. The landscape and intersection of church and world — including Scouting — has drastically changed since our Synod’s decisions on Scouting matters in the 1950s. We recognize that the BSA and other Scouting programs have a positive impact on the lives of many Lutherans and LCMS congregations and schools. However, the times demand we ask important questions. How should the church engage and be involved going forward? How does the church participate in a faithful way so that our children are able to be involved and the church’s confession remains unhampered?

Again, we appreciate the patience of the church as we have been considering these issues over the past several months. We lament the fact that an MOU between the LCMS and the BSA is no longer possible. We pray that the Lord of the church will bless congregations and individuals as they consider the information shared here and chart a faithful course forward.

Peace,

Rev. Dr. Matthew C. Harrison, president
The Lutheran Church—Missouri Synod

Rev. Bart Day, executive director
LCMS Office of National Mission

For more details, read the extended version of this letter.

   

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