# LCMS Convention Workbook_St. Louis Missouri_2007_S288
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

APPENDIX I
OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Dissenting View Regarding 1995
Resolution 3-05 (Ag. 2048)

In a letter to the Commission, a pastor had indicated that in his
opinion Resolution 3-05 was confusing because it indicated that
disagreement regarding the matter of woman suffrage in the
church, as well as the holding of certain positions, was not divisive
of fellowship. It was noted that if a person followed the procedures
for expressing dissent, it would be possible that the position of the
Synod would still not be changed while the dissenter also retained
his position on the issue. The question then arose as to whether or
not, since the matter was not divisive of fellowship, the person who
had followed the process for dissent would be free to teach his po-
sition. In responding to the questions which had been raised, the
Commission first agreed that the particular resolve in question ap-
peared to be confusing. Nevertheless, it also stated that it believed
it could be properly understood and was not contradictory to the
other resolves of the resolution. In its response, the Commission
stated the following:

The Commission concludes that the very fact that provision is
made for dissent and the proper procedure for expressing it implies
that not every matter on which one dissents is divisive of fellow-
ship. Nevertheless, because the members of the Synod seek to ex-
press their common faith publicly, it is imperative that such dissent
be given careful consideration in an effort to achieve objectives |
and 6 as found in Article III of the Constitution. These are stated as

1. Conserve and promote the unity of the true faith (Eph. 4:3- 1 Cor.
1:10), work through its official structure toward fellowship with
other Christian church bodies, and provide a united defense
against schism, sectarianism (Rom. 16:17), and heresy.

6. Aid congregations by providing a variety of resources and oppor-
tunities for recognizing, promoting, expressing, conserving, and
defending their confessional unity in the true faith.

The fact that one who dissents from the position of the Synod
does not prevail, i.e., that the position of neither the dissenter or
the Synod has changed, does not mean that the dissenter is free to
teach the dissenting view. Bylaws 1.09, b, and 2.39, b and c, are
quite clear on this matter. They state

1.09 Doctrinal Resolutions and Statements

b. Doctrinal resolutions may be adopted for the information,
counsel, and guidance of the membership. They shall conform to
the confessional position of the Synod as set forth in Article II of
its Constitution and shall ordinarily cite the pertinent passages of
the Scriptures, the Lutheran Confessions, and any previously
adopted official doctrinal statements or resolutions of the Synod.
Such resolutions come into being in the same manner as any other
resolutions of a synodical convention and are to be honored and up-
held until such time as the Synod amends or repeals them.

2.39 Relation of the Synod to Its Members

b. The Synod expects every member congregation to respect its
resolutions and to consider them of binding force if they are in ac-
cordance 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
recission. 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.

In response to your third question, the Commission concludes
that under circumstances noted above, neither the dissenter nor the
Synod changing positions after all dissent procedures have been
exhausted, the position of the dissenter would still not be divisive
providing that the dissenting position is not taught publicly. To so
teach publicly that the position of the Synod is contrary to the
Scriptures would be to elevate a matter of human opinion to the
level of Scriptural doctrine-which from the viewpoint of the Synod
would be contrary to the Scriptures, i.e., to declare that what the
Synod has included in the category of an open question is, in fact,
a closed question (clearly prohibited in the Scriptures). The dis-
senter may decline to practice woman suffrage, but may not persist
in teaching that it is contrary to the Scriptures. If permitted to do
so, every member of the Synod would have the right to determine
which of the positions of the Synod in similar matters it wished to
accept and which to reject.

Adopted Oct. 23, 1996
Inclusion of Women in the Pastoral Office (Ag. 2085)

A pastor had asked the Commission to provide an opinion in
response to the following questions:

May a congregation of the LCMS be suspended from membership
in the Synod for publicly stating that women should be included in the
pastoral office?

May a member of a Missouri Synod congregation continue as a
teacher at one of the schools in the Concordia University System who
publicly states that women should be included in the pastoral office?

The response of the Commission is as follows:

In a recent opinion, the Commission stated that a congregation
which publicly and persistently teaches a position which is contrary to
that adopted by the Synod may be suspended from membership in the
Synod. This would be true no matter what the issue involved.

Since the Synod has consistently stated as its position that Scrip-
ture does not permit the inclusion of women in carrying out the spe-
cific functions of the pastoral office, for a congregation to teach pub-
licly and persistently contrary to this position would subject that
congregation to the possibility of suspension from membership in the
Synod.

With respect to teaching in a school of the Concordia University
System by a member of a Missouri Synod congregation that women
should be included in the pastoral office, the Commission first notes
that schools of the Concordia University System are schools of the
Synod. As such they are required to honor and uphold the resolutions of
the Synod. To permit a teacher, whether or not a member of a Missouri
Synod congregation, to publicly and persistently teach in such a school
that women should be included in the pastoral office would not be con-
sistent with honoring and upholding resolutions of the Synod. It would
be the responsibility of the administration of the school and/or its Board
of Regents to deal with the issue under the provisions of Bylaws 6.45
and 6.47.

Adopted July 23, 1997

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 Con-
stitutional Matters is to interpret the Synod’s Constitution, Bylaws,
and resolutions (Bylaw 3.905, d). The question is one of doctrine
or doctrinal application and thus should be addressed to the Com-
mission on Theology and Church Relations in accord with Bylaw
8.21, a.

2007 Convention Workbook