Actually Brian, the main point of this thread is not "about living together in unity with differing opinions." It began with my report and commentary on the ELCA Church Council's Response to the Metro New York Synod resolutions of last October, resolutions that were clearly intended to circumvent the Orlando CWA's rejection of Recommendation #3 last August.
You are right. The resolution was their attempt to state something about living together in unity with diversity. There has been another resolution circulating calling for consistency in the discipline of congregations and pastors -- which is another attempt to defining living together in unity.
The real point of this conversation is now that the actions of the revisionist synods have initiated a constitutional crisis that is about far more than "living together in unity with differing opinions." Instead it is about the impotence of the ELCA churchwide governance (i.e. Presiding Bishop, Office of the Secretary, and Church Council) to respond effectively to revisionist synods.
I don't recall that our ELCA Constitution and Bylaws has anything about the discipline of synods. They churchwide expression has very limited powers of discipline. The only instances where the Presiding Bishop can bring disciplinary charges is against a synod bishop.
The Church Council has not part in the disciplinary process.
The discipline of all other rostered people is the responsiiblity of synods. It is only within synods that disciplinary charges against congregations can arise.
If you are asking the presiding bishop and/or church council to discipline a synod, they may not have any authority to do so.
We are seeing that the emperor really does have no clothes, i.e. the ELCA governing leadership does not have any real authority or power or will to uphold and enforce agreed upon churchwide standards or the decisions of CWA's (including CWA's refusal to legitimate particular courses of action). So they issued a constitutional opinion but without teeth. No call or insistence that MNYS retract or recant or reverse or negate those resolutions or elements of them that were "probably not in concurrence with the ELCA's governing documents."
Do they have the constitutional powers to do that? I'm not sure that they have. The closest I can think of is:
13.41.04. The secretary shall prepare interpretations, as necessary, of the Constitutions, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America. If a board, committee, or synod disagrees with the interpretations, as rendered, the objecting entity may appeal the secretary’s interpretation to the Church Council.I think that the Secretary could declare a synod's resolution to be in conflict with the Constitution, Bylaws, and Continuing Resolutions and is thus null and void.
What is happening in revisionist synods across the ELCA this spring is what James Gale said previously: they are "changing the rules to meet what they are already doing." The leaders in the revisionist synods (where the orthodox are a beleaguered and harassed minority) have made a determination that they can get away with this because Churchwide can't do a "d--n" thing to them.
Constitutionally, I think he's right. If he feels that discipline needs to take place against a pastor within his synod, get nine other clergy to agree and file charges. If he feels that discipline needs to take place against a congregation in his synod, get two other contregations to file charges. I don't know that this has ever happened in any synod. What I have seen happen is disgruntled pastors and congregations just leave -- and then blame the hierarchy for not doing anything.
What this means is that we are witnessing the constitutional derailment and trainwreck of the ELCA: it's dissolution into 65 squabbling landeskirchen which will hasten the current hemorrhage of orthodox congregations, laity, and pastors heading elsewhere.
I don't think that it is a constitutional derailment of the ELCA. As I noted above, I don't think that the churchwide expression has any power or authority to discipline synods. That was not foreseen as necessary and is not written into the constitution. and bylaws. It is the responsibility of the synod to discipline itself in ways that I mentioned above, and by recruiting enough voting members at synod assemblies to vote for their "traditional" resolutions. Any traditionalist pastor who is not attending synod assemblies with the maximum number of voting members from the congregation has little to complain about.
Similarly, a pastor can't ask the synod to come in and discipline a problem lay member of the congregation. That is the congregation's responsibility. The synod has no power or authority to discipline lay people. If the pastor and congregational council are not willing to use their power and authority to discipline a lay member, don't blame the synod for not doing what they have no power to do in the first place.
I think that what you are asking the churchwide expression to do, they have no power or authority to do.