I know that the way that the process has operated is a vote followed by at least 90 days followed by a second vote ... no problem with that from my standpoint. Most have also assumed that if the second vote failed that was either a) the end of the line, or b) time to restart the process with a new "first vote". I hadn't really thought of the wording of the constitution until Clear Lake brought up the fact that the constitution doesn't actually say that:
*C6.05. This congregation may terminate its relationship with the Evangelical Lutheran Church in America by the following procedure:
a. A resolution indicating the desire of this congregation to terminate its relationship must be adopted at a legally called and conducted special meeting of this congregation by a two-thirds majority of the voting members present.
b. The secretary of this congregation shall submit a copy of the resolution to the synodical bishop and shall mail a copy of the resolution to voting members of this congregation. This notice shall be submitted within 10 days after the resolution has been adopted.
c. The bishop of the synod shall consult with this congregation during a period of at least 90 days.
d. If this congregation, after consultation, still desires to terminate its relationship, such action may be taken at a legally called and conducted special meeting by a two-thirds majority of the voting members present, at which meeting the bishop of the synod or an
authorized representative shall be present. Notice of the meeting shall be mailed to all voting members at least 10 days in advance of the meeting.
e. A certified copy of the resolution to terminate its relationship shall be sent to the synodical bishop, at which time the relationship between this congregation and the Evangelical Lutheran Church in America shall be terminated.
f. Notice of termination shall be forwarded by the synodical bishop to the secretary of this church and published in the periodical of this church.
Nothing in d. says "if the vote fails to reach the required 2/3 go back to step a."
I can see that to return to step a is more clear-cut - it also prolongs the pain and struggle. Leaders in situations like this need to know the pulse of the congregation. I know some in other congregations that have told me they could have gone back to step a and "won" on a second try but they thought they were better served by breaking away and forming a new congregation. Having gone through a very painful process myself I understand and respect that decision. I guess the folks at Zion are confident in their direction but don't want to deal with the pain and more damage to the ministry there. We'll see how it works out for them.
I don't think that the authors of this process wanted it to be easy or pain-free. And it's not.
I agree with you that the constitution does not state expressly that a failed second vote ends the process, thereby sending a congregation back to the beginning. But let me give you a simplified version of what seems to me to be the strongest argument from the synod's perspective that Zion's second "second vote" was not effective.
Under the process for leaving the ELCA, a congregation must vote to leave once and then be open to consultation with the synod bishop for a period of at least 90 days. After that, if a congregation "still desires to terminate its relationship," it may do so through a successful second vote. The word "still" from subsection (d) is critically important. The process requires two votes because in order to leave, the congregation must "still" want to leave (as evidenced by a 2/3 vote) upon the conclusion of the consultation period. A failed second vote shows that the congregation does not "still" wish to leave. Thus, the process for leaving has failed. It is done and over. A later 2/3 vote to leave is not evidence that a congregation "still" wants to leave. Instead, it is evidence of a renewed desire to leave. For this reason, it cannot constitute a successful second vote. It could, however, constitute a successful first vote. And if after 90 days of consultation the congregation then holds a successful vote to leave, it will have shown that it "still" has the desire to leave and the process will be complete.
One could argue that any other construction would be absurd. If Zion were right, a congregation could take second votes indefinitely until one succeeded. It would never need to take another first vote or engage in further consultation. That makes no sense.
There are passable counter-arguments to all of this. I offer this post simply to illustrate that there is strength to the ELCA position on this question. And it is for this reason that congregations should proceed prudently when evaluating the risks associated with relying on a second "second vote."