The proposed bulletin insert is inappropriate for use by a LCMS congregation for the following reasons:

1. The bulletin insert disrespects the Constitution of the United States, a power ordained of God (Small Catechism, Table of Duties, Concerning Civil Government). The Constitution establishes a Supreme Court to rule on issues of constitutionality. If the Supreme Court determines that a constitutional right to same-sex "marriage" exists, it will not be an "alleged" constitutional right but a "real" constitutional right that all U.S. Christians must obey “save only when commanded to sin” (Augsburg Confession, XVI).

2. The bulletin insert implies that Supreme Court rulings which violate “God’s created orders, natural law, and the inerrant Scriptures” create only "alleged" constitutional rights. Supreme Court justices do not take an oath to uphold “God’s created orders, natural law, and the inerrant Scriptures” (Augsburg Confession XVI). Based on the Supreme Court's constitutional criteria, LCMS Churches can not judge a Supreme Court ruling to be more or less constitutionally legitimate than any other ruling of the court (Augsburg Confession, XXVIII, 13).

3. The bulletin insert judges the civil legitimacy of an "expected" U.S. Supreme Court ruling. That is a judgment that Christ has forbidden His churches to make (Augsburg Confession, XXVIII, 13-17).

4 . The bulletin insert judges the moral legitimacy of an "expected" U.S. Supreme Court ruling. God has ordained government to defend "bodies and bodily things against manifest injuries, and restrain men with the sword and bodily punishments in order to preserve civil justice and peace" (Augsburg Confession, XXVIII, 11). LCMS should not prejudge an "expected" U.S. Supreme Court ruling. When the ruling is issued, there will be time enough to judge whether or not same-sex marriage, as allowed by the court, will defend or harm "bodies and bodily things" and "civil justice and peace".