# LCMS Convention Workbook_St. Louis Missouri_2004_S314 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) APPENDIX I | OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS Questions re Rights of Individuals and Congregations (99-2157) A Dispute Resolution Panel in a July 16, 1999 letter submitted a series of questions for clarification of a number of details from its dispute case, questions raised by the complainant in the case. The Commission responded in an August 11, 1999 letter to the panel as follows: 1. In Matthew 18:17, where it says “Tell it to the Church”, the ques- tion is “Who is the Church”? Response to Question 1: The function of the Commission on Constitutional Matters is to interpret the Synod’s Constitution, By- laws, and resolutions (Bylaw 3.905, d). The question is one of doc- trine or doctrinal application and thus should be addressed to the Commission on Theology and Church Relations in accord with Bylaw 8.21, a. 2. What does the phrase “‘inexpedient as far as the condition of the congregation is concerned” mean and how is it applied in mat- ters relating to the right of self-government of LCMS Congrega- tions? Response to Question 2: The phrase in question is taken from Article VII of the Constitution of the Synod, which states: In its relation to its members the Synod is not an ecclesiastical government exercising legislative or coercive powers, and with re- spect to the individual congregation’s right of self-government it is but an advisory body. Accordingly, no resolution of the Synod im- posing anything upon the individual congregation is of binding force if it is not in accordance with the Word of God or if it appears to be inexpedient as far as the condition of the congregation is con- cemed. It should be noted that the second sentence of Article VII states, “..no resolution of the Synod...” (emphasis added). It does not speak of the Constitution or Bylaws of the Synod. “The right of a congregation to exercise the right of expediency (Bylaw 1.09b) ap- plies only to resolutions of the Synod and not to the Constitution and Bylaws” (1969 Res. 5-23). Bylaw 1.05, d, elaborates on the principle set forth in Article VU: ; Congregations together establish the requirements of member- ship in the Synod (Art. VI). In joining the Synod, congregations and other members obligate themselves to fulfill such requirements. Members agree to uphold the confessional position of the Synod (Art. II) and to assist in carrying out the objectives of the Synod (Art. IID), which are the objectives of the members themselves. Thus, while congregations of the Synod are self governing (Art. VID, they, and also individual members, commit themselves as members of the Synod to act in accordance with the synodical Con- stitution and Bylaws under which they have agreed to live and work together and which the congregations alone have the authority to adopt or amend through conventions. Bylaw 1.09, addressing the topic of doctrinal resolutions and statements, provides: The Synod, in seeking to clarify its witness or to settle doctrinal controversy, so that all who seek to participate in the relationships that exist within and through the Synod may benefit and may act to benefit others, shall have the right to adopt doctrinal resolutions and statements which are in harmony with Scripture and the Lutheran Confessions. Regarding such doctrinal resolutions, Bylaw 1.09, b, states, “Such resolutions come into being in the same manner as any other resolutions of a synodical convention and are to be honored and upheld until such time as the Synod amends or repeals them.” As to doctrinal statements, Bylaw 1.09, c, 7, states, “They shall be hon- ored and upheld (“to abide by, act, and teach in accordance with” [1971 Res. 2.21]) until such time as the Synod amends or repeals them.” This relation of the Synod to its members, where its resolutions are concemed, is further defined in Bylaw 2.39, a-c: a. The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all congregations and individual members of the Synod.... b. The Synod expects every member congregation to respect its resolutions and consider them of binding force if they are in accor- dance with the Word of God and if they appear applicable as far as the condition of the congregation is concerned. The Synod, being an advisory body, recognizes the right of the congregation to be the Judge of the applicability of the resolution to its local condition. However, in exercising such judgment, a congregation must not act arbitrarily, but in accordance with the principles of Christian love and charity. c. While retaining the right of brotherly dissent, members of the Synod are expected as part of the life together within the synodical fellowship to honor and to uphold the resolutions of the Synod. If such resolutions are of a doctrinal nature, dissent is to be expressed first within the fellowship of peers, then brought to the attention of the Commission on Theology and Church Relations before finding expression as an overture to the convention calling for revision or recision. While the conscience of the dissenter shall be respected, the consciences of others, as well as the collective will of the Synod, shall also be respected. What then is meant by a “congregation’s right of self-govern- ment’? Since 1854 conventions of the Synod have refused to adopt resolutions which were thought to interfere with the “self-govern- ment” of the local parish, explaining that the Synod “is an advi- sory body.” Historically, four areas of self government have been recognized: (a) The calling of pastors, teachers, etc., from a list of those accredited by the Synod itself; (b) The owning and main- taining of congregational property without granting any rights of it to the Synod; (c) Church discipline; and (d) The administration of a congregation’s programming and financial affairs. Thus, in answer to the question to the Commission, the phrase, “inexpedient as far as the condition of a congregation is con- cerned,” does not refer to the Constitution and Bylaws of the Synod and is restricted to resolutions adopted by a convention of the Synod which are non-doctrinal in nature. 3. Does the LCMS require that an individual who is a member of a LCMS congregation but not a member of the LCMS (i-e., not an ordained nor a commissioned minister) waive their individual rights as a prerequisite for participating in the LCMS Synodical Dispute Resolution Process (i.e., Reconciliation, Dispute Resolution Panel, etc.)}—even without individual consent, or in the event that the in- dividual retains/reserves their rights to prior to participating in the LCMS Synodical Dispute Resolution Process? Response to Question 3: The Commission understands this question to relate to a layperson and the effect of the Synod’s dis- pute resolution process on such a layperson. Bylaw 8.01 defines the parties involved in a dispute who are subject to the dispute res- olution process. They are: 1. Members of the Synod. 2. The Synod itself. 3. A District of the Synod 4. An organization owned and controlled by the Synod 5. Persons involved in excommunication. 6. Lay members of congregations of the Synod holding positions with the Synod itself or with Districts or other organizations owned and controlled by the Synod. Relative to number 5 above, “persons involved in excommuni- cation, Bylaw 8.13, b, 1, limits the dispute resolution process to procedural questions involved in excommunication cases. There- fore, the process can be utilized to question the procedure followed in an excommunication matter; it cannot be used to review the facts, which serve as the basis of the excommunication. “Members of the Synod” is defined in Article V of the Consti- tution of the Synod. Members of the Synod sign the Constitution of the Synod and thus are bound by the dispute resolution process as set forth in Chapter VIII of the Bylaws of the Synod. Laypersons, 2004 Convention Workbook