R62.13 CTCR Opinion on Admission to Seminary for Divorced Men The Rev. Dr. Brian Saunders, Chairman of the Commission on Theology and Church Relations (CTCR), received correspondence dated November 11, 2024 from Mr. Mark O. Stern on behalf of the Boards of Regents of Concordia Seminary and Concordia Theological Seminary. The correspondence concerned The Lutheran Church—Missouri Synod (LCMS) 2023 Convention Omnibus Resolution A, Overture 6-34 (Ov. 6-34), titled “To Prevent Admission, Reinstatement, or Colloquization of a Divorced Man into the Office of the Public Ministry Who Has Married Another Woman.” Omnibus A referred Ov. 6-34 to the two seminary boards as well as to the Council of Presidents and to the Colloquy Committee for the Pastoral Ministry.
There is no ambiguity in the Bible about the goodness and value of marriage. As God creates humans to be male or female (Gen. 1:26-27) he also creates marriage (2:15-25). The marriage of man and woman is instituted by God for the well-being of both individual spouses and for humanity as a whole. Because it is not good for man to be alone (Gen. 2:18), the married couple is given a profound unity of unique “mutual companionship, help, and support.” 4 And, by means of marital fruitfulness, God intends the multiplication of the entire human family (Gen. 1:18). After sin enters the world, a further blessing of marriage is understood: as it channels sexual desire for good it also restrains sinful lust (1 Cor. 7:2-5). Having thus united the husband and wife, God intends them to remain married as long as both are alive (Gen. 2:24; Matt. 19:6).
Overture 6-34 asserts that a man who is to serve in the office of the ministry must be “above reproach” (1 Tim 3:2; Titus 1:6) and explains the phrase to mean the man is “to be the husband of no more than one wife.” The overture concludes that, “Divorce and remarriage disqualifies a man from the Office of the Public Ministry (1 Tim. 3:2; Titus 1:6)”. 1
Given such a foundation, divorce is flatly contrary to the good and gracious will of God. Malachi bluntly reminds us that the Lord says, “I hate divorce” (Mal. 2:16). In Matthew 19:1-9 Jesus forbids the believer from divorcing his or her spouse, except for the case of one whose spouse is guilty of sexual immorality (ἐπὶ πορνείᾳ) or the case of one who suffers the de facto divorce of desertion by one’s spouse (1 Cor 7:15; cp. Matt 5:31-32; Mark 10:2-12; Luke 16:18.)
The overture does not specifically refer to seminary admission policies. However, the seminary boards consider it to be pertinent because the seminaries are largely responsible for admission to seminary programs and for recommendation of their students to the Council of Presidents as qualified for admission to the office of public ministry in the LCMS. On behalf of the two Boards of Regents, Mr. Stern requested “such guidance as the CTCR may wish to provide on this topic.” 2
Divorce is an awful reality in a sinful world. God anticipates this and, as much as possible, ameliorates the effects of divorce. The law given through Moses stipulates divorce procedures that somewhat minimize its devastation (see Lev. 22:13; Deut. 22:13-21; 23:28-29; 24:1-4). But when regulation of divorce is thought to be approval of it, Jesus explains that such stipulations are never more than evidence of recalcitrant sinful hearts (Matt. 19:8; cp. Mal. 2:14b-16).
I.
Divorce and Pastors—the questions
Two questions must be considered in order to provide guidance regarding the assertions of Overture 6:34. First, does divorce disqualify a man to serve in the office of public ministry? Second, does the remarriage of a divorced man make him unsuitable for the office of public ministry? 3 These two questions address matters that are foundational for Ov. 6-34. II.
Divorce and Pastors—a brief theological overview a. Scripture on divorce
Scripture and the Confessions provide explicit teaching about marriage and divorce. However, neither Scripture nor the Confessions explicitly address the divorce or remarriage of a pastor, although Scripture does implicitly address the matter.
See the third and fourth Whereas statements of Overture 6-34 in The Lutheran Church—Missouri Synod, 2023 Convention Workbook: Reports and Overtures (1333 S Kirkwood Road, St. Louis, Missouri), page 340. See the letter from Mr. Stern in the Appendix. We are considering in this statement of guidance only the matter of divorce and clergy—pastors—and not the men and women who serve in Synod’s auxiliary offices of public ministry. This should not be interpreted to mean that those who serve in auxiliary offices are exempt from the matters considered here.
Scripture’s teachings on marriage and divorce hold for every Christian, but are of particular significance for those entrusted with the high office of public ministry. The pastor’s life and conduct are always factors in how the church is viewed by the world. His public manner and behavior must therefore be blameless (ανεγέγκλητοϛ, cf. 1 Tim. 3:10; Titus 1:6a) and irreproachable (ανεπίλημπτον 1 Tim. 3:2a). Public sin inevitably invites blame and reproach. For such reasons the divorce of a pastor presents a twofold challenge. First, on the personal level, a genuine acknowledgment of any failures on his part together with a confession of sin and a sincere desire to amend his life is required. Second, as to the office that he holds, the real and potential damage to the proclamation of the Gospel of Christ must be recognized and diminished as much as possible (see 1 Tim. 5:19-20). b. The Confessions The Confessions speak of marriage largely in the context of objection to enforced celibacy for priests. Divorce in general is addressed only in passing and the divorce of clergy is not discussed.
1 2
The Augustana (AC) and its Apology (Ap) defend the marriage of priests. 5 Citing Scripture (1 Cor. 7:2, 9b; Matt. 19:11; Gen. 1:28), the AC rejects compulsory clerical celibacy as an abuse that fostered widespread sexual scandal and immorality. The Conf ut ation’s defense of celibacy led to a vigorous rejoinder. The confessors held firm to their view that Rome’s insistence on celibacy “conflicts with divine and natural law.” 6 Rome’s insistence on the rigor of clerical celibacy is rejected since God himself “instituted marriage to help human frailty and to prevent sexual immorality. The old canons also state that sometimes severity and rigor must be alleviated and relaxed for the sake of human weakness and to prevent and avoid greater scandal.” 7 Luther’s Smalcald Articles (SA) holds to the same view of priestly marriage as stated at Augsburg. He bluntly declares that “we are unwilling to consent to their miserable celibacy, nor will we tolerate it.” 8 Similarly, in the Treatise (Tr) Melanchthon mentions marriage, but only as an example of the unjust actions of bishops, specifically objecting to “the tradition that prohibits remarriage of an innocent party after divorce.” 9 The catechisms provide a more general confessional understanding of marriage. Luther’s Small Catechism (SC), while not explicitly using the term “marriage,” summarizes godly marriage as a life of sexual purity and decency where in “husband and wife love and honor each other.” 10 In the SC’s Table of Duties Luther quotes 1 Peter 3:7 and Col. 3:19 for husbands and Eph. 5:22 and 1 Peter 3:5-6 for wives. 11 In Luther’s “A Marriage Booklet for Simple Pastors” (often appended to the SC in his day and to at least one printing of the 1580 Book of Concord), his introduction urges that the “godly estate of marriage” be honored and esteemed highly. He also speaks of the great need for prayer in light of “how much unhappiness the devil causes in the married estate through adultery, unfaithfulness, discord, and all kinds of misery.” 12 The Large Catechism (LC) reveals both a similarly high view of marriage together with sober attention to its practical necessity for sinful people in its extended discussion of the commandment against adultery. One’s nearest neighbor is his or her spouse, who is “one flesh and blood with them.” 13 Marriage is “the first of all institutions” where in male and female differ
AC XXIII, Concerning the Marriage of Priests, pages 62-65, and Ap XXIII, 247—57, in Robert Kolb, Timothy J. Wengert, and Charles P.
Arand, The Book of Concord: The Confessions of the Evangelical Lutheran Church (Minneapolis, MN: Fortress Press, 2000). Abbreviated as KW in further references. Ap XXIII par 5, KW 62. AC XXIII par 15-16, KW 66. The same rejection of compulsory celibacy is central in the argument against monastic vows of chastity and in favor of releasing individuals from such vows when they wish to marry. See AC XXVII, KW 80-91 and Ap XXVII, KW 277-89. SA III [11:] Concerning the Marriage of Priests, KW 324. Tr par 78, KW 342.
Luther’s Small Catechism (© 1986 CPH) in Luther’s Catechism with Explanation (St.
Louis: Concordia Publishing House, 2017), 14.
Ibid., 35.
KW 369.
LC I par 200, KW 413. 5
4
“Holy Matrimony,” Lutheran Service Book (CPH: St. Louis, 2006), 275.
for the sake of marital fidelity and fruitfulness. 14 It has practical necessity as a provision against sexual sin, which is rightly addressed within marital love. “Wherever marital chastity is to be maintained, above all it is essential that husband and wife live together in love and harmony, cherishing each other wholeheartedly and with perfect fidelity. 15 c. Synodical consideration of the question i. Commission on Theology and Church Relations (CTCR) The CTCR has twice addressed the matter of clergy divorce and remarriage. In a consideration of the grave seriousness of all divorce, Human Sexuality: A Theological Perspective (1981) adds: The divorce of Christian pastors must be taken with utmost seriousness. It is difficult to see how the church can maintain the integrity of its witness—especially in an age where divorce is prevalent—if it permits pastors who have divorced their wives for less than Biblical reasons to continue in the office of the public ministry. Generally a pastor who has been divorced, except in cases of un chastity or desertion on the part of his wife, ought not to remain in office nor be reinstated in the office of pastor. However, it is possible that under very exceptional circumstances a former pastor may by the grace of God come to the point of being in a position to be reconsidered as a person qualified to be entrusted once more with the powers of the pastoral office.
16 In Divorce and Remarriage: An Exegetical Study (1987), the CTCR included an ex cursus on clergy divorce. 17 The Commission shows that the pastor is called to “a pattern of life that is exemplary of the Gospel at work, and worthy of emulation.” Moral failure by a pastor presents an obstacle and offense that may turn others from the truth of the Gospel (citing 2 Cor. 6:3). 18 This does not deny that pastors remain sinful men ever in need of forgiveness, but it requires recognition that the public behavior of a pastor is of great importance because of the risk to “the credibility of his office and his message.” 19 For this reason, “[f]idelity to one's spouse in marriage is of particular importance in the life and conduct of the Christian pastor.” 20 The Commission then explains the phrase, “the husband of one wife” (1 Tim. 3:2; Titus 1:6). “St. Paul is here establishing the general principle that any transgression of God's will for marriage as a monogamous union is ruled out, whether it should take the form of concubinage or polygamy or marital unfaithfulness, including the “virtual polygamy of illicit divorce.’” 21 Divorce and Remarriage also reaffirms the previous quotation from 1981, but emphasizes that only “under LC I par 207, KW 414. LC I par 221, KW415-16. CTCR, Human Sexuality (LCMS 1981), 27-28, emphasis in the original. Available online at www.lcms.org/ctcr.
CTCR, Divorce and Remarriage: An Exegetical Study (LCMS 1987), 42-45. Available online at www.lcms.org/ctcr.
Ibid., 42.
Ibid., 43.
Ibid.
Ibid.
very exceptional circumstances” should it be possible for a pastor whose divorce was “for less than biblical reasons” to be reconsidered for reinstatement. Indeed, the report cautions that even in the case of a pastor who divorced because of his wife’s un chastity or desertion, the potential for offense remains and the proclamation of the Gospel may be hampered. 22 With respect to Ov. 6-34, then, we note that the CTCR strongly condemns clergy divorce and holds that a divorced pastor “ought not to remain in office nor be reinstated in the office of pastor,” “except in cases of un chastity or desertion on the part of his wife” (that is, “illicit divorce”). The Commission has not addressed the matter of a pastor’s remarriage after divorce. ii. Council of Presidents (COP) The Synod’s Council of Presidents Manual guides the work of its members, whose office is to be ecclesiastical supervisors of the Synod’s congregations and church workers. 23 Of course, the COP is ultimately responsible to follow the teachings of Scripture and the Confessions, as well as the Constitution and Bylaws of the LCMS. The guidelines for addressing clergy separation and divorce begin with a Preamble emphasizing the Bible’s teachings on marriage, divorce, and the office of public ministry. The Preamble also notes the intention to provide a consistent approach to the challenge of clergy marital crisis and divorce that avoids two “extreme” views: either a policy holding that divorce always disqualifies a man for ministry, or a policy that approves continuing ministry regardless of the reasons for a divorce. 24 The specific guidelines obligate pastors to seek help when a crisis threatens their marriage and, if the potential for separation or divorce persists, require that the district president’s guidance be sought and that Christian counseling be engaged. If such aid fails to restore the marriage, the district president and visitor must be informed prior to any formal separation or divorce proceedings. And, if further counsel fails to help, the district president and pastor shall agree on how the congregation (or other calling entity) is to be informed. 25 If the pastor is guilty of sexual sin or desertion, he is to resign or be suspended from his call and the Synod’s roster. If the cause of divorce is uncertain, the district president may require a leave of absence. After further investigation, the district president determines the result of the divorce, which may include various results for the pastor, from remaining in his current assignment and call to removal from office and the Synod roster. 26 In the case of removal the Manual notes the possibility of reinstatement, consistent with Bylaw 2.18 of the LCMS. It adds this: “The simple fact of remarriage to a new partner by itself shall not Ibid., 44
The Lutheran Church—Missouri Synod, Council of Presidents Manual: Guidelines, Procedures, and Forms (Revised April 2024). The manual includes “Guidelines for Dealing with Marital Crisis Involving Separation and Divorce of The Lutheran Church— Missouri Synod Clergy” on pages 04-48 to 04-51.
COP Manual, 04-48.
Ibid., 04-49 – 04-50.
Ibid, 04-50.
many ways, including in a life of faith and sanctification. We do not believe a divorce should automatically disqualify an applicant from admission, but it may. Both the applicant’s district president and the seminary must carefully consider whether the applicant may be formed as a suitable candidate for the office of public ministry whose teaching will conform with Scripture and whose life will adorn the Gospel.
be construed as persuasive evidence for reinstatement.” This is the only mention of remarriage in the guidelines. 27
III.
Summary of current LCMS policy regarding divorce and pastors a. When does divorce disqualify a man for the pastoral office?
Divorce disqualifies a man from the office of public ministry because it creates an obstacle and offense to the proclamation of the Gospel. The only possible exceptions are cases that involve fornication or desertion on the part of the wife. Even in such a case continuing service in ministry is not a given. b. Under what circumstances may a divorced man serve as a pastor? The ecclesiastical supervisor of a divorced man determines whether he may continue to serve as a roster ed member of the Synod. A positive determination requires first that the pastor’s divorce was based on scriptural reasons—that is, his wife’s infidelity. Additional factors, however, are also necessary to determine whether the pastor can serve in a manner that is above reproach. It is possible in rare circumstances that a man whose divorce was not for scriptural reasons may be reinstated to the office. c. Under what circumstances may a divorced and remarried man serve as a pastor? The matter of remarriage is a second factor raised in Ov. 6-34. The view there in is that a pastor who was divorced because of his wife’s infidelity or desertion can potentially remain in office, but not if he remarries. The overture holds that 1 Tim. 3:2 and Titus 1:6 mean “no more than one wife.” The CTCR does not share this understanding. Rather, in the CTCR’s view, the remarriage of a divorced or widowed pastor does not automatically disqualify a man from ministry. The district president is charged with determining the specific circumstances under which the remarried pastor can serve. d. Applicability of current policies to the matter of admission to study for the office of public ministry. The CTCR holds that current COP policies are largely applicable to seminary admission, but not entirely so. Together with the applicant’s district president, the seminaries also play an important role, similar to that which is outlined in the COP Manual. Divorce for an applicant or current student who seeks to serve in public ministry is a serious matter, but whether it disqualifies him from admission or continuing his studies cannot be easily determined. Both applicants and students are sinners in need of forgiveness and guidance. They are growing and maturing in
The Lutheran Church—Missouri Synod, Handbook: Constitution, Bylaws, Articles of Incorporation 2023, 99.
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November 11, 2024
Adopted by the CTCR (unanimously) May 3, 2025
By Electronic Mail-bsaunders@lcmside.org The Rev. Dr. Brian S. Saunders Chairman, Commission on Theology and Church Relations The Lutheran Church-Missouri Synod c/o Iowa East District 1100 Blairs Ferry Road Marion, IA 52302-3092 Re:
2023 Synod Convention Overture 6-34: To Prevent Admission, Reinstatement, or Colloquization of a Divorced Man into the Office of the Public Ministry Who Has Married Another Woman
Dear President Saunders: You will recall that Overture 6-34 was referred by 2023 Convention Omnibus Resolution A to the Seminaries, to the Colloquy Committee for the Pastoral Ministry, and to Council of Presidents. The referral was three-fold, presumably in light of the three topics included in the overture title (Admission - for the Seminaries; Reinstatement - for the Council of Presidents; and Colloquization-for the Colloquy Committee for the Pastoral Ministry). The Boards of Regents of Concordia Seminary and Concordia Theological Seminary recently held our annual joint meeting, at which we discussed what might assist us in giving thoughtful consideration to this overture. To that end, the consensus of each Board was that it would be beneficial to our deliberations to obtain input from, inter alia, the Commission on Theology and Church Relations. Thus, I am writing at the request of the Boards to seek such guidance as the CTCR may wish to provide on this topic. I am aware of Guidelines For Dealing With Marital Crisis Involving Separation and Divorce of The Lutheran Church Missouri Synod Clergy (A Policy statement adopted by the Council of Presidents, The Lutheran Church-Missouri Synod, April 29, 1987), as well as Divorce and Remarriage An Exegetical Study, A Report of the Commission on Theology and Church Relations of the Lutheran Church-Missouri Synod (November 1987). These documents seem primarily to address the circumstances of men already serving in the Office of the Holy Ministry, rather than men who aspire to the office and are seeking admission to a Seminary (the situation that our two institutions would be addressing).