# LCMS Convention Workbook_St. Louis Missouri_2007_S322 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 322 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS Therefore, the Synod in the spirit of 1 Corinthians 6 calls upon all par- ties to a disagreement, accusation, controversy, or disciplinary action xclusivel n_the tem of reconciliati and conflict resolution. The use of the Synod’s conflict resolution pro- cedures shall be th ive and final rem in di pute. Fitness for Sinisty ane otner theological matters ms be deter mined within the church. P: ed, in nature, to follow the procedures as outlined in Bylaw Ten ne (Bylaw 1.10.1.1) (Emphasis added) The procedure set forth in the Synod’s dispute resolution process can involve or include as parties any member of the Synod, the Synod itself, a district or an organization owned and controlled by the Synod, persons involved in excommunication or lay mem- bers of congregations of the Synod holding positions with the Synod itself or with districts or other organizations owned and con- trolled by the Synod (Bylaw 1.10.2). Procedures for expulsion of membership under Article XIII of the Constitution are set forth in Bylaws 2.14~2.17. Therefore, all members of the Synod are required to resolve all matters of dissent or all disputes by the avenues and structures available to them as set forth in the Constitution and Bylaws of the Synod without resorting to secular courts and without resorting to avenues, means, structures, or communications that are foreign or contrary to the synodical agreements and which are not in harmony with the polity of the Synod. “We appeal once again to all members of the Synod to use the channels which the Constitution, Bylaws, and resolutions of the Synod provide for resolving our differences without resorting to the organization and continuation of separate groups” (Opinion Ag. 484, 484A; November, 1973). Question 2: Does the dissent process set forth in Bylaw 1.8 (Cf. Bylaw 1.6.2) and/or the dispute resolution process set forth in Bylaw 1.10 allow dissent or disputes regard- ing “syncretism and unionism,” “the role and authority of women in the church,” synodical governance issues (such as the use of Matthew 18:15 in Bylaws 1.10 and 2.14, the selection of floor committee members, the dispute process set forth in Bylaw 1.10, “close com- munion issues and practices,” and the “lay minister issue”? Opinion: Members of the Synod in all those issues identified and in all areas of disagreement and dissent are bound by the provisions of Bylaw section 1.8. Similarly, members of the Synod in disputing such issues are bound by the provisions of Bylaw section 1.10. The dispute resolution procedure as set forth in Bylaw section 1.10 may precisely be used in such disputes: This procedure is established to resolve, in a God-pleasing manner, disputes that involve as parties, (1) members of the Synod, (2) the Synod itself, (3) a district or an organization owned and controlled by the Synod, (4) persons involved in excommunication, or (5) lay mem- bers of congregations of the Synod holding positions with the Synod it- self or with districts or other organizations owned and controlled by the Synod. It shall be the exclusive remedy to resolve such disputes that in- volve theological, doctrinal, or ecclesiastical issues except those cov- ered under Bylaw sections 2.14-2.17 and except as provided in Bylaw 1.10.3. It is applicable whether the dispute involves only a difference _of opinion without personal animosity or is one that involves ill will and sin that requires repentance and forgiveness. (Bylaw 1.10.2) Bylaw 1.10.3 does set forth some exceptions, none of which are applicable to the question asked, as follows: This chapter provides evangelical procedures to remedy disputes only and does not set forth procedures for expulsion from membership (Constitution Art. XIII and Bylaw sections 2.14-2.17) nor does it set forth procedures for board of regents’ supervision of faculty and admin- istration as specified in Bylaws 3.8.2.7.5-3.8.2.7.9 and 3.8.3.8.5—3.8.3.8.9...this chapter does not provide an exclusive remedy for the following matters, unless such matters involve theological, doc- trinal, or ecclesiastical issues, including those arising under the divine call of a member of the Synod: (a) Disputes concerning property rights (e.g., real estate agreements, mortgages, fraud, or embezzlement); and (b) Disputes arising under contractual arrangements of all kinds (e.g., contracts for goods, services, or employment benefits). 2007 Convention Workbook It must be noted in regard to dissent and disputes in the Synod that the procedures set forth for brotherly dissent (Bylaw section 1.8) and dispute (Bylaw section 1.10) are for the purpose of carry- ing out the objectives of the Synod (Constitution Art. III), espe- cially objectives 1 and 6: 1. Conserve and promote the unity of the true faith (Eph. 4:3 - 6; 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 op- portunities for recognizing, promoting, expressing, conserving, and defending their confessional unity in the true faith. Question 3: Does the dispute resolution process set forth in Bylaw 1.10 allow disputes regarding any alleged wrongdoings by any officer, board, or commission of the Synod or allow disputes regarding an[y] alleged violations of the Synod’s Constitution and Bylaws by any officer, board, or commission? Qpinion: Bylaw 1.10 not only allows but requires all members to use the avenue provided by the Synod to settle disputes as set forth in Bylaw section 1.10, with the exceptions as set forth in Bylaw 1.10.3. See the answers to both questions one and two above. Question 4: Do the provisions set forth in Bylaw 3.1 (National Conventions) allow for correction of any alleged irreg- ularities or violations of the Synod’s Constitution and Bylaws by the Synod in convention itself, the conven- tion floor committees, or by any officer, board, or commission? Qpinion: Any and all alleged irregularities or violations of the Synod’s Constitution and Bylaws committed by the Synod in con- vention itself, the convention floor committees, or by any officer, board, or commission can be addressed for correction by the Synod in convention. Bylaw 3.1.1 states: The national convention of the Synod shall afford an opportunity for worship, nurture, inspiration, fellowship, and the communication of vital information. It is the principal legislative assembly, which amends the Constitution and Bylaws, considers and takes action on reports and overtures, and handles appropriate appeals. It establishes general posi- tions and policies of the Synod, provides overall program direction and priorities, and evaluates all such positions, programs, policies, direc- tions, and priorities in order to provide responsible service for and on behalf of its members... The broader context of the Constitution and Bylaws also pro- vides the foundation for the answer to the question asked. Example: 1. The officers of the Synod must assume only such rights as have been expressly conferred upon them by the Synod, and in every- thing pertaining to their rights and the performance of their duties they are responsible to the Synod. 2. The Synod at all times has the right to call its officers to account and, if circumstances require it, to remove from office i accordance with Christian procedure. 3. The Synod reserves the right to abolish any office it has estab- lished. (Art. XI A) (Emphasis added) 2. It is the President’s duty to see to it that all the aforementioned act in accordance with the Synod’s Constitution, to admonish all who in any way depart from it, and, if such admonition is not heeded, to report such cases to the Synod. (Art. XI B) (Emphasis added) The delegate convention of the Synod is the legislative assembly that ultimately legislates policy, program, and financial direction to carry on the Synod’s work on behalf of and in support of the member congregations. It reserves to itself the right to give direction to all offi- cers and agencies of the Synod. Consequently, all officers and agencies, unless otherwise specified in the Bylaws, shall be accountable to the Synod for all their actions, and any concems regarding the decisions of such officers or agencies may be brought to the attention of the Synod in convention for appropriate action. (Bylaw 1.4.1) (Emphasis added) Dissent from doctrinal resolutions and statements is to be expressed first within the fellowship of peers and then brought to the attention of the Commission on Theology and Church Relations before finding ex- pression as an Overture to the convention calling for revision or reci- sion.... (Bylaw 1.8.2) (Emphasis added)