# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_March 17 2005_S5
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

44. Implementation of Dispute Resolution Panel Decision by a Congregation (05-2417)
In a January 11, 2004 letter, a member congregation of the Synod which has been involved in a dispute
resolution process submitted a series of questions related to the congregation’s responsibilities as regards
the decisions of the Dispute Resolution Panel and the congregation’s response to the panel’s decisions.
The congregation continues to disagree with the decision of the Dispute Resolution Panel and has chosen
not to implement the panel’s decision. The congregation asks generally if its decision not to implement
the panel’s recommendations is a violation of its membership in The Lutheran Church—Missouri Synod,
specifically asking the Commission to address the following questions.
Question 1:

Why can [a congregation] not interpret [Bylaw] 8.11 (now Bylaw 1.10.9) to mean that she
has a right to self-governance and that the action of a Dispute Resolution Panel is to
“advise,” not issue a “binding decision”?

Opinion: The covenants which bind the members of the Synod in their “walking together” are not subject
to revision or reinterpretation by individual members. Bylaw 1.3.4 (2004 Handbook, pp. 24−25) provides,
in part:
…Thus, while congregations of the Synod are self-governing (Art. VII), they, and also
individual members, commit themselves as members of the Synod to act in accordance
with the Constitution and Bylaws of the Synod under which they have agreed to live and
work together and which the congregations alone have the authority to adopt or amend
through conventions.
Membership in the Synod is voluntary. While the Synod cannot legislate or control the congregation’s
internal governance, it has been given the authority by the congregations of the Synod to review the
actions of a congregation in light of the Holy Scriptures, and may call upon a congregation to review and
revise its actions if found in violation of that standard. While the Synod recognizes that it may not force
compliance, it has retained the right to take action with respect to a congregation that fails to accept a
Dispute Resolution Panel decision as the Synod deems appropriate.
Question 2:

Where does Bylaw 8.11 (now Bylaw 1.10.9) state that a decision not to implement Dispute
Resolution Panel recommendations means that a congregation violates her voluntary
association with the Synod?

Opinion: The conditions of membership are provided in Article VI of the Constitution, and the
relationship of the Synod to member congregations is described in paragraph 1 of Article VII as follows:
In its relation to its members the Synod is not an ecclesiastical government exercising
legislative or coercive powers, and with respect to the individual congregation’s right of
self-government it is but an advisory body. Accordingly, no resolution of the Synod
imposing 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 a congregation is concerned.
This relationship is further reflected in the bylaw to which reference is made, now renumbered as Bylaw
1.10.9 in the 2004 Handbook (p. 43):
The congregation’s right of self-government shall be recognized. However, when a
decision of a congregation is at issue, a Dispute Resolution Panel may review the
decision of the congregation according to the Holy Scriptures and shall either uphold the
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