RESOLUTION 7-07

Overture 7-19 (CW, pp. 373–374)

WHEREAS, The Concordia colleges and universities of The Lutheran Church—Missouri Synod (LCMS) exist to supply the higher education services needed to accomplish the mission of the church; and

WHEREAS, The Concordia University System (CUS) institutions accept the Scriptures as the inspired and inerrant Word of God, and are compelled by the Scriptures to be faithful to the religious tenets articulated therein; and these religious tenets are set forth in the Constitution of the Synod and illuminated by the Lutheran Confessions, a true and binding exposition of Holy Scripture that serve as authoritative texts for all pastors, congregations, and other rostered church workers, as evidenced, among other things, by the Lutheran identity statement unanimously endorsed by the presidents of the CUS as a means to demonstrate their support for the Christian teaching and Lutheran confession and practice of the church; and

WHEREAS, We support our CUS institutions as they continue to make a bold confession of our Christian faith and extol God’s gifts of marriage and sexuality according to His design; and

WHEREAS, To the extent that these religious beliefs and tenets permit, the CUS institutions are committed to complying with the spirit and letter of federal laws affording equal educational opportunity and nondiscrimination in admission to and participation in the Universities’ programs and activities, as set forth in Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. § 1681 et seq.; and

WHEREAS, Title IX does not apply to educational institutions controlled by religious organizations, to the extent application of Title IX would be inconsistent with such institutions’ religious tenets; and

WHEREAS, In keeping with the limitation of the applicability of Title IX, qualifying institutions are permitted to apply to the U.S. Department of Education, Office of Civil Rights for an exemption from the provisions of Title IX that conflict with the religious tenets upheld by the organization; and

WHEREAS, God’s Word and the religious beliefs of the Synod require the CUS institutions to act in ways that may conflict with certain of the regulations implementing Title IX, as currently interpreted by the U.S. Department of Education, Office of Civil Rights (“OCR”), such as the following beliefs: that God, in creating the world, gave marriage to be the life-long union of one man and one woman (Gen. 2:24, Matt. 19:4–6), a gift to be held in honor and kept pure (Heb. 13:4; 1 Thess. 4:2–5). Premarital and extramarital sexual activity is inappropriate (Gen. 2:24; 1 Thess. 4:2–5; cf. Gal. 5:19: Eph. 5:3; Col. 3:5; 1 Cor. 6:16–20); because marriage between one man and one woman is the only appropriate context for sexual union or intercourse, homophile behavior is intrinsically sinful, expressly condemned as immoral by Sacred Scripture (Lev. 18:22, Rom. 1:26–27, and 1 Cor. 6:9); and all engaged therein, like any other sinners, are in need of God’s free gift of grace and forgiveness earned by His Son’s death and resurrection (1 Cor. 6:11). Our embodiment as male and female is understood as an aspect of our creation by God and, therefore, instructive regarding the moral behavior and lifestyles that are good and pleasing to Him; and, as articulated by the Commission on Theology and Church Relations, “a biblical approach 1 to sexual morality, therefore, is not simply grounded in specific Bible passages alone. It is grounded, first, in the truth of our nature as created beings (‘natural law’) as that is understood in Scripture.”

Therefore be it

Resolved, That the Synod in convention encourage the Concordia colleges and universities with all deliberate speed under their respective circumstances to request exemptions from certain aspects of Title IX, and request exemptions and/or challenge other statutes, regulations, or policies, where compliance would conflict with the Synod’s religious beliefs; and be it further

Resolved, That the institutions coordinate with the CUS and the Synod to ensure that all institutions act in a consistent and united manner to defend religious liberty and the right of the CUS institutions to operate as identifiably Christian and distinctively Lutheran institutions of higher learning; and be it finally

Resolved, That all congregations continue to pray for the guidance of the Holy Spirit and wisdom (James 1:5) for our colleges and universities as they face difficult challenges to our Christian faith and Lutheran confession.