Q. Is an elder in the LCMS required to step down from this office if he separates from or divorces his wife? And can the congregation appoint or elect an elder if that person has been previously divorced?

A. First, the Scriptures do not institute or establish what we today call the office of elder. It is a humanly established office--a point which our LCMS fathers clearly make. To be sure, generally when our congregations ask people to serve in this office they try to look for people who fit the qualifications mentioned regarding the ancient office of deacon referred to in the Pastoral Epistles. Second, the Scriptures sanction two valid grounds for divorce: adultery and desertion. Whatever "the husband of one wife" refers to precisely in the Pastoral Epistles (even among Lutheran interpreters there is not unanimous agreement on this: not divorced? not married to many wives? [against polygamy], married only once [remarriage prohibited], etc.), the Scriptures do not contradict themselves and are without error. Surely Paul does not contradict Jesus, when he teaches that adultery is a valid ground for divorce, nor himself when he teaches that desertion is a valid ground. Third, in the case of a valid scriptural divorce we would not necessarily prohibit a man serving as an elder in our church. There may be individual cases where it would not be wise to do so (e.g., in a small congregation where great offense may be caused). There may be special cases where true repentance is present and a model Christian life is lived and long attested, where serving as an elder may be judged fitting. Fourth, in determining whether a given elder ought to vacate his office the same kinds of considerations mentioned here should be taken into account. In general, a congregation needs to evaluate carefully the public witness given by the conduct of its leaders, so that no offense is given to the Gospel of our Savior Jesus Christ both within and without the congregation.