# LCMS Convention Workbook_St. Louis Missouri_2004_S308
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

308 ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION

cial duties, follows the advice and counsel of the ecclesiastical su-
pervisor designated by the Synod”; and

WuereEaS, CCM Opinion 02-2309 states that even if “an act is
in fact contrary to Art. XII of the Constitution, the member who
has acted cannot be charged since he/she acted according to the ad-
vice of his or her ecclesiastical supervisor’; and

WHEREAS, In stating these opinions, the CCM has amended Art.
XIII of the Constitution, since Art. XIII makes no such provision
for permitting any member to “act contrary to the confession laid
down in Art. II and to the conditions of membership laid down in
Art. VI...” if they have received counsel from their ecclesiastical
supervisor permitting them to do so; therefore be it

Resolved, That Christ Lutheran Church memorialize the Synod
to declare the opinions of the CCM (02-2292, 02-2320 and
02-2309) in answer to these questions to be invalid and to have no
standing in the Synod; and be it further

Resolved, That Christ Lutheran Church memorialize Synod to
declare that the provisions for removal of a member from the
Synod which are set down in Art. XIII of the Constitution are to
be followed when a member has acted contrary to the confession
laid down in Art. I and/or the conditions of membership laid down
in Art. VI, notwithstanding the counsel or advice received from an
ecclesiastical supervisor; and be it finally

Resolved, That Christ Lutheran Church memorialize Synod to
overturn the opinions of the CCM in this matter, and affirm the
Constitution and Bylaws noted and the Word of God upon which
the Constitution and Bylaws are based.

Christ
Sioux Falls, SD

8-41

To Hold Rostered Workers Accountable
for Their Own Actions

WuereEAS, Opinion 02-2296 of the Commission on Constitu-
tional Matters ruled that “The Constitution and Bylaws of the
Synod do not allow or contemplate the expulsion of a member of
the Synod on the basis of an action taken with the full knowledge
and approval of the appropriate ecclesiastical supervisor”; and

WHEREAS, Opinion 01-2240 of the Commission on Constitu-
tional Matters interprets the Constitution and Bylaws of the Synod
to exempt the President of the Synod from any accountability ex-
cept to the Synod in convention when it states, “there is a mecha-
nism for the Synod in convention to exercise authority over the
synodical President’’; and

WHEREAS, Opinion 02-2296 and Opinion 01-2240 may result in
the exemption of any rostered church worker’s accountability
to the Synod when the President of the Synod has given approval to
an action by having full knowledge of and having given approval
to a District President’s individual action(s) or the District Presi-
dent’s knowledge and approval of an action by a rostered church
worker under his supervision (except every three years when the
Synod meets in convention); and

WHEREAS, Even the secular and military codes of the United
States of America provide for direct accountability of individuals in
spite of orders from, knowledge of, or approval by supervisors; and

WHEREAS, Holy Scripture teaches that Peter and the other apos-
tles insisted, “We must obey God rather than men” (Acts 5:29);
therefore be it

Resolved, That the Synod in convention declare its intent that
all rostered church workers are to be held accountable for their in-
dividual action(s) when they are contrary to Holy Scripture even
when the ecclesiastical supervisor has knowledge of or has given
approval to such action(s) and to change the Constitution and By-
laws of the Synod so that they will clearly reflect this intent; and be
it further

Resolved, That the Syriod in convention change the Constitu-
tion and Bylaws of the Synod so that there is a mechanism by

which the President of the Synod is held accountable to the Synod
apart from the Synod in convention.

Grace
Lamar, MO

8-42

To Declare That Advice or Counsel from Ecclesiastical
Supervisor Does Not Exempt Member of Synod
from Provisions of Art. XIII of Constitution

WHEREAS, The Commission on Constitutional Matters (CCM),
in response to the question “May a District President-who has acted
in a matter, after having received the advice and authorization of
the synodical President, be charged under Bylaw 2.27 for such an
act?” issued its Opinion 02-2309; and

WHEREAS, The CCM opinion moves beyond the question asked,
by stating that the Synod may not take action “to terminate the
membership of its member, who, when performing his/her official
duties, follows the advice and counsel of the ecclesiastical supervi-
sor designated by the Synod”; and

WHEREAS, The CCM opinion states that even if “an act is in fact
contrary to Art. XIII of the Constitution, the member who has acted
cannot be charged since he/she acted according to the advice of
his/her ecclesiastical supervisor’; and

WHEREAS, In stating this opinion the CCM has in fact amended
Art. XIII of the Constitution, since Art. XIII makes no such provi-
sion for permitting any member to “act contrary to the confession
laid down in Article II, and to the conditions of membership laid
down in Article VI” even if they have received counsel from their
ecclesiastical supervisor permitting them to do so; therefore be it

Resolved, That the 2004 LCMS convention declare the response
of the CCM in answer to this question (Opinion 02-2309) to be in-
valid, and to have no standing in the Synod; and be it further

Resolved, That the 2004 LCMS convention declare that the pro-
visions for removal of a member from the Synod that are set down
in Art. XIII of the Constitution are to be followed, when a member
has acted contrary to the confession laid down in Art. II, and the
conditions of membership laid down in Art. VI, regardless of the
counsel received from an ecclesiastical supervisor; and be it finally

Resolved, That the 2004 LCMS convention reprove the CCM
for exceeding the authority granted it by, in fact, amending the
Constitution by an opinion that purports to interpret it.

Trinity
Tyron, NC

8-43

To Disavow Certain CCM Rulings

WHEREAS, The Holy Scriptures differ from all other books in
the world in that they are the Word of God; and

WHEREAS, The Holy Scriptures are the Word of God because
the holy men of God who wrote the Scriptures wrote only that
which the Holy Spirit communicated to them by inspiration (2 Tim.
3:16; 2 Peter 1:21); and

Wuereas, The Holy Scriptures are given by God to the Chris-
tian church for the foundation of faith (Eph. 2:20); and

Whereas, God has ordained. that His Word only, without the
admixture of human doctrine, should be taught and believed in the
Christian church (1 Peter 4:11; John 8:31—32; 1 Tim. 6:3-4); and

WHEREAS, The holy apostles of our Lord Jesus Christ have de-
clared: “We ought to obey God rather than men.” (Acts 5:29); and

WHEREAS, The Commission on Constitutional Matters of The
Lutheran Church—Missouri Synod (“the Commission”) on or
about Jan. 20-21, 2003, issued its opinion: Consequences of Ac-
tion Taken Upon Approval of Ecclesiastical Supervisor (02-2296;

. 02-2320), wherein the Commission states: ‘The Constitution and

Bylaws of the Synod do not allow or contemplate the expulsion of
a member of the Synod on the basis of an action taken with the full