To Reconsider Allowing “Brain Death” Criteria for Determination of Death at End of Life

WHEREAS, In 1981, the Synod in convention adopted Resolution 8-05, encouraging organ donation at time of death as an act of Christian love, but without binding consciences on the issue; and

WHEREAS, Scripture teaches that the time of death occurs when aperson stops breathing (Gen. 25:8, 35:29; Mark15:37; Luke23:46 and others), meaning when the heart and lungs stop; and

WHEREAS, Scripture is clear that God is the One who determines time of death (Gen. 6:3; Job 1:21; Eccl. 3:2; James 4:13–15 and others) and that when it pleases Him to call one out of this vale of tears, even medical intervention will not prevent this (Matt. 6:27); and

WHEREAS, With the advent of organ transplantation in the1960s, it became evident that vital organs removed while the heart is still beating performed better in transplant than did those removed after the heart had stopped, due to damage to the latter from lack of oxygen (David Rodríguez-Arias, “The Dead Donor Rule as Policy Indoctrination”, Hastings Center Report, 48, no. 54 [December 2018]: s40–s41. Online library.wiley.com/doi/10.1002/hast.952); and

WHEREAS, To avoid the charge of murder on the part of the transplant team, the concept of “brain death” was developed, namely, individuals being in a coma without apparent central nervous system activity and deemed unlikely to survive, being considered dead, even with a still-beating heart (ibid.); and

WHEREAS, The 1981 Uniform Declaration of Death Act, enacted in 39 American states and jurisdictions, includes “brain death” as a criterion for determination of death, and others rely on, “accepted medical standards,” which essentially do the same; furthermore, legislation in the Canadian province of Manitoba defines death according to “brain death” criteria and in the rest of Canada the determination is left to physicians who essentially do the same; and

WHEREAS, Individuals meeting the criteria for “brain death” often in fact do have residual brain function which is not measured by the criteria for “brain death,” and “brain dead” individuals often survive long after the determination has been made, even at times without mechanical support; and

WHEREAS, The function of other organs and tissues in the body is not dependent on the function of the brain, an example being wound healing, which continues even after the determination of “brain death”; furthermore, even babies in the womb at the time of determination of maternal “brain death” may be carried to term; and

WHEREAS, The guidance on determination of “brain death” is based on opinion and not evidence, and studies have shown that not all medical centers apply“brain death”criteria in auniformmanner; and

WHEREAS, Secular bio ethic is ts are becoming increasingly critical of the concept of “brain death,” yet are merely calling for alternative ethical frameworks within which to remove vital organs from donors with still-beating hearts; and

WHEREAS, Techniques are emerging, which allow for the donation of vital organs following the stoppage of the heart, which optimize performance in the transplant recipient; and

WHEREAS, The concept of “brain death” as a sole determinant of death is non-Scriptural, and use of “brain death” as a criterion to remove vital organs amounts to de facto euthanasia; therefore be it

Resolved, That the English District encourage members of her congregations, as they complete Durable Power of Attorney for Health Care paperwork, especially those who desire to donate organs, to consider specifying in writing that they wish their medical team to use the Scripture-based criterion of cardiopulmonary failure to determine that their earthly lives have ended; and be it further

Resolved, That the District call on the Synod to similarly encourage congregation members synodwide; and be it further

Resolved, That the District and the Synod encourage pastors to review this issue with parishioners in the course of end-of-life planning discussions; and be it further

Resolved, That District and Synod pastors remind those who regret having allowed loved ones to be declared dead solely on the basis of “brain death” criteria or having otherwise participated in the process (for example, health care workers) that there is forgiveness in Jesus’ blood shed at Calvary, and offer the opportunity for individual Confession and Absolution; and be it finally

Resolved, That the District call on the Synod to establish a task force consisting of members of the Synod Commission on Theology and Church Relations, seminary professors, a district president, roster ed pastors of congregations, bio ethic is ts, health care professionals, and laity (with invitations to participate extended to a representative from Lutherans for Life, as well as LCMS Life Ministry), to review the issue of determination of death at greater length, and report back to the 2026 Synod Convention to include the addition of specific recommendations on this to the general encouragement in the 1981 Res. 8-05 to consider organ donation at time of death.