# LCMS Convention Workbook_St. Louis Missouri_2007_S278 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 278 SYNOD STRUCTURE AND GOVERANCE WHEREAS, The CCM in effect changes the Synod’s Constitu- tion by granting immunity from expulsion to those who do not comply with the conditions of membership so long as they have se- cured the permission of their ecclesiastical supervisors; and WHEREAS, A confessionally based Synod cannot endure for long if its members are no longer held responsible for the words and ac- tions by which they confess the faith; and WHEREAS, district and Synod presidents can and may grant their approval to those under their supervision by way of confidential communications, making it difficult if not impossible for those who elect them to know about the immunities they have granted; and WHEREAS, Extenuating circumstances can be taken into account wherein a member of the Synod has sought the advice of the ap- propriate ecclesiastical supervisor in a difficult case; therefore be it Resolved, That the MNS District in convention memorializes the 2007 convention of The Lutheran Church—Missouri Synod to overrule CCM Opinions 02-2296 and 02-2309. Minnesota South District; South Dakota District; Central Illinois District;Western Regional Pastors’ Conference, Missouri District; St. Paul, Brookfield, IL; Holy Cross, Albany, OR; St. James, Bothell/Mill Creek, WA 8-51 To Overrule CCM Opinion 02-2309 re Ecclesiastical Supervision WHEREAS, CCM Opinion 02-2309 states, “The Synod is pre- cluded from taking any action to terminate the membership of its member who, when performing his/her official duties, follows the advice and counsel of the ecclesiastical supervisor designated by the Synod”; and WHEREAS, This opinion creates the possibility that the Synod could be precluded from action against a member of the Synod who is, in fact, acting contrary to conditions of membership per Synod Constitution Art. VI; and WHEREAS, Opinion 02-2309 of the CCM in effect improperly amends Art. XIII of the Synod Constitution; and WHEREAS, Scripture does not enjoin Christians to deal with ec- clesiastical supervisors but with the brother who has sinned (Gal. 6:1); and WHEREAS, Bylaw 3.9.2.2 (b) states, “An opinion rendered by the commission shall be binding on the question decided unless and until it is overruled by a convention of the Synod”; therefore be it Resolved, That the Montana District in convention memorialize the Synod in convention to overrule Opinion 02-2309 of the CCM. Montana District 8-52 To Overrule CCM Opinions re Ecclesiastical Supervision WHEREAS, Seventeen overtures memorialized the Synod’s 2004 convention concerning the CCM opinions regarding ecclesiastical supervision (which include 02-2296, 02-2320, 02-2309, 03-2338, 03-2338A, and 03-2338C); and WHEREAS, Only one of those overtures (8-30) encouraged af- firming these CCM decisions, one (8-37) recommended review of these opinions, and 15 (including seven districts) asked that these CCM decisions be declared “invalid, overruled, overturned, re- versed,” etc. (CW pp. 303-309, 312); and WHEREAS, The Synod in its 2004 convention failed to address these overtures, having never brought them to the floor due to time constraints; and WHEREAS, Prior to these opinions—for more than 150 years— Scripture served as the authority in church governance in the LCMS; and WHEREAS, The CCM ruled that the “Constitution and Bylaws of the Synod do not allow or contemplate the expulsion of a mem- ber of the Synod on the basis of an action taken with the full knowl- edge and approval of the appropriate ecclesiastical supervisor” (02- 2296, Reporter, March 2003, p. 10) and further expounded this decision in the other mentioned opinions; and WHEREAS, This ruling contradicts Holy Scripture, which re- peatedly warns against “respect(ing) persons in judgment (Deut. 1:17; see also Eph. 6:9; Col. 3:25; James 2:1, 9), “making the word of God of none effect through (human) tradition” (Mark 7:13), “teaching for doctrines the commandments of men” (Mark 7:7), and insists that “we must obey God rather than men” (Acts 5:29); and WHEREAS, The CCM’s stance is also incompatible with the Lutheran Confessions, which ¢ Teach that “‘no man has the right to cancel an obligation which is de- rived from divine law” (AC XXVII, 24, Tappert, p. 74); and ¢ Deny that texts like Luke 10:16 and Heb. 13:17 grant ecclesiastical supervisors any authority beyond the Gospel itself (Apology XXVIII, 17-21, pp. 283-284); and WuerEAS, A confessionally based Synod cannot endure for long if its members cease to be held responsible for the words and ac- tions by which they confess the faith; and WHEREAS, District and Synod presidents can and may grant their approval to those under their supervision by way of confiden- tial communications, making it difficult, if not impossible, for those who elect them to know about the immunities they have granted; and Wrereas, A Dispute Resolution Panel can and may take into account extenuating circumstances in which a member of the Synod has sought the advice of the appropriate ecclesiastical su- pervisor in a difficult case; therefore be it Resolved, That the Synod in convention in 2007 overrule Opin- ion 02-2296 and related opinions of the CCM dealing with ecclesi- astical supervision; and be it further Resolved, That the Commission on Structure propose a bylaw to the 2010 convention that addresses ecclesiastical supervision and responsibility in accordance with scriptural and confessional prin- ciples, not superseding them. Immanuel, Cedar Lake, WI; Immanuel, Frederic, WI; Circuit 13 Forum, North Wisconsin District; Immanuel, Brandon, FL 8-53 To Overrule CCM Opinion 02-2309 re Ecclesiastical Supervision WHEREAS, The Lord holds each person accountable for their own actions; and WHEREAS, The CCM, in its Opinion 02-2309, has said that a member of Synod cannot be removed from membership for any ac- tions he takes as long as he has received the permission of his ec- clesiastical supervisor; therefore be it Resolved, That the Nebraska District in convention memorialize the Synod to overrule CCM Opinion 02-2309. Nebraska District 8-54 To Overrule CCM Opinion 02-2296 and Reaffirm Scriptural Authority in Church Governance WHEREAS, The CCM has ruled that the “Constitution and By- laws 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 supervi- sor” (02-2296, Reporter, March 2003, p. 10); and