RESOLUTION 2-05
Report R1.2 (CW, pp. 40−41)
WHEREAS, On July 21, 2014, President Barack Obama signed Executive Order (EO) 13672, adding “sexual orientation” and “gender identity” (SOGI) to the list of protected classes in the federal workplace; and
WHEREAS, On January 28, 2015, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) implemented EO 13672 into federal employment regulations and created an enforcement mechanism through OFCCP; and
WHEREAS, EO 13672 prohibits discrimination on the basis of “sexual orientation” and “gender identity” in employment by federal contractors and subcontractors and it prohibits discrimination against federal employees based on “gender identity”; and
WHEREAS, The United States federal government increasingly is requiring contract workers and other employees to compromise their conscience and deeply held religious beliefs on their view of gender identity and sexual orientation; and
WHEREAS, EO 13672 applies not only to federal contractors, but also to their employees and subcontractors. It requires federal contractors to affirmatively state that job applicants will be considered without regard to sexual orientation or gender identity. It also requires federal contractors to impose this same requirement to all subcontractors and vendors; and
WHEREAS, Frequently the military chaplaincy lacks the immediate manpower to provide for the religious needs of the military community. In such situations—as is often the case within the Department of Defense (DOD)— chaplains are authorized to supplement their religious ministry through federal contractors and vendors; and
WHEREAS, Many federal contractors who provide religious ministry and support to DOD are faith-based organizations with their own sincerely held religious beliefs and standards of faith and conduct. EO 13672 presents a significant threat to the religious freedom of LCMS rostered workers who desire to conduct their ministry in a manner consistent with the doctrine and practice of the LCMS; and
WHEREAS, LCMS military chaplains and other rostered workers often receive exemplary training in pastoral care, behavioral health, marriage enrichment retreats, and couples communication; and
WHEREAS, LCMS military chaplains and other rostered workers have the opportunity to utilize their knowledge, skills, and abilities as contract workers or in other employee relationships; and
WHEREAS, Such support may include marriage retreats and couples counseling for those who have an unbiblical view of gender identity and/or sexual orientation; and
WHEREAS, LCMS rostered workers may place themselves into contractual and employment obligations which may force them to compromise their conscience and their confessional integrity as well as the doctrine and practice of the LCMS under that particular contractual or employment obligation; and
WHEREAS, LCMS rostered workers, retired or otherwise, are still to confess the doctrines and beliefs of the LCMS; and
WHEREAS, Those doctrines and beliefs teach that marriage and sexual unions are to be between one man and one woman, that gender is assigned to us from birth by God and is declared to be “good,” and that gender is not to be altered by the will of any person; and
WHEREAS, The LCMS confesses with the Holy Scriptures that homosexual behavior is intrinsically sinful and that gender assigned from birth is a gift from God; therefore be it
Resolved, That the LCMS be aware of the situation in which retired military chaplains and rostered workers may place themselves; and be it further
Resolved, That rostered workers be aware that entering into certain contractual or employment obligation may force them to support or condone beliefs, practices, and lifestyles which violate the Scriptures and their ordination and/or installation vows; and be it further
Resolved, That district presidents, as the ecclesiastical supervisors of all rostered workers registered within their districts, endeavor to become aware of those chaplains or rostered workers, retired or otherwise, who may place themselves under such contractual or employment obligations which require the unbiblical view of gender identity and sexual orientation; and be it finally
Resolved, That district presidents provide the appropriate pastoral care and, when necessary, disciplinary action to those rostered workers who willingly or willfully violate the doctrine and practices of the LCMS by way of contractual or employment obligation within any agency.