LDS Resignation Update

Not long ago I published my official resignation letter to The Church of Jesus Christ of Latter Day Saints. Yesterday I received my reply from the Church's Office of Confidential Records and today I responded back. You are more than welcome to read the entire discussion and I hope that my efforts will be of some use to you.

Just so we're clear, I have actually been able to use e-mail for almost this entire process. If anyone wants to resign their membership with the LDS Church but doesn't want to use a stamp you can use this e-mail address: msr-confrec@ldschurch.org

I received the response to my resignation letter via postal mail though so if you want to keep digital records of everything you'll probably need to use an app like Tiny Scanner to take a photo of the letter and turn into a PDF which you can then e-mail to yourself and anyone else.

If you're playing catch up with me or just haven't read my official resignation letter you can read it HERE.

LDS Response:

Dear Brother Edwards,

Our office has been asked to acknowledge your recent letter in which you request that your name be removed from the membership records of The Church of Jesus Christ of Latter Day Saints.

We have also been asked to inform you that the Church considers such a request to be an ecclesiastical matter that must be handled by local priesthood leaders before being processed by Church employees. Therefore, your letter and a copy of this reply are being sent to President ************* of the ********** Stake. He will have President ********* of the ********** Branch contact you concerning the fulfillment of your request.

Sincerely,

Confidential Records 

At first glance you might think this response is all fine and good. They've acknowledged my resignation and are forwarding it to the appropriate individuals, right? Well not quite. This policy of the LDS Church is actually in violation of American Law that has been defined and upheld by multiple US Courts (I did do research to confirm that FYI). The primary definition of American law regarding resignation from religious entities was made in 1989 in the famous case of Guinn v. Church of Christ, I suggest you read Section IV if you want the short version of the Court's decision.

With the knowledge that LDS resignation policy was in conflict with standing American law I wrote a response to the LDS Church which I also sent to the same e-mail I linked earlier. I made sure to explain exactly what my issues are with the Church's policy and written response:

To Confidential Records, 

I have received your response remanding my resignation until my local Priesthood leaders communicate with me. I insist that this is unacceptable. I have submitted my resignation letter to the Church and you have acknowledged receipt of that letter, therefore, my resignation is legally complete. Any additional procedures and policies are internal matters within the Church and must exclude my involvement. 

Your letter claimed that my resignation is considered an "ecclesiastical matter". However, that is legally inaccurate in the United States. Guinn vs Church of Christ (Section IV) expresses that both joining and resigning from a Church are civil matters, and that both are of course Constitutionally protected. Considering that Church resignation is in fact a civil matter, any and all resignations should be handled by the Church's department of Membership Records without requiring prior approval from ecclesiastical authorities.  

It is expected that local ecclesiastical authorities in the Church be made aware of the resignation and that there be some form of paperwork between the department of Membership Records and those local ecclesiastical authorities to acknowledge receipt of and cooperation with an individual's resignation from the Church. However, these procedures and policies do not legally require the participation of the resigning individual. 

I also noted that your response included the following language: "in which you request that your name be removed from the membership records of..." and "the Church considers such a request to be an ecclesiastical matter...". I must insist that my resignation did not constitute any form of request. My resignation, any resignation, is a de facto termination of my voluntary membership in the Church of Jesus Christ of Latter Day Saints, it is not a request that requires the approval of any Church official or authority. I again cite the decision of Guinn vs Church of Christ as evidence. 

This letter, plus all attachments, is also being sent to President ************ of the *************** Stake and to President ************ of the ********** Branch. 

Failure to act in accordance with the decisions of the Courts of the United States relating to my civil rights will result in legal action taken against The Church of Jesus Christ of Latter Day Saints. 

Sincerely, 

Joseph Edwards
Membership Record Number: ***-****-**** 

Attached:
Original Resignation Letter of Joseph Edwards
Copy of the Letter of Acknowledgement from the department of Membership/Confidential Records
Copy of Joseph Edwards' Letter of Dispute

I will keep you all updated on the responses I receive down the road. Wish me luck!

NOTE: Please know that if you decide to resign from any Church in the United States you are not legally required to meet with any representative of the Church or sign any document other than your Resignation Letter. If your Bishop says he needs to meet with you before he can process your resignation you have the right to say No, and your Bishop will still be legally required to accept and process your resignation. Also, a received Resignation Letter legally prevents any Church from starting or continuing any excommunication proceedings against you. For more information you can go to www.quitmormon.com, www.mormonresignation.com, and other informational websites which coordinate with freely accessible lawyers to help explain and protect your rights.