# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_April 18 19 2005_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

55. Clarification of Resolution 8-01A (05-2422)
In a letter dated March 14, 2005, written on behalf of the pastors of two visitation circuits, a pastor of the
Synod asked clarification regarding specific issues associated with 2004 convention Resolution 8-01A,
“To Amend Bylaws on Ecclesiastical Supervision and Dispute Resolution.” Quoting from Bylaws 2.14.3
(c) and 2.14.7.7 of the convention resolution (2004 Handbook, pp. 65 and 68) and confessional writings,
he asked the following questions.
Question 1: “If the matter is ‘public’ as set forth in our Confessions, may we testify publicly concerning
[the accused] without question of slander, injustice, or false witness?”
Opinion: The question as asked does not request an opinion regarding the right or duty of members of the
Synod to respond publicly to public sin. Concerns regarding when and how a member can or should
respond to perceived public sin should be addressed to the Commission on Theology and Church
Relations.
The question posed assumes that the person who wishes to speak out has become an accuser under Bylaw
section 2.14. Should a member of the Synod choose to initiate the Bylaw section 2.14 process, that person
must abide by the provisions of that process, including the prohibition of publicity under Bylaw
2.14.7.7.(g). In an earlier opinion (01-2243), the Commission offered definition of such publicity:
The word "publicity" as used in the bylaw is defined in Webster's New World Dictionary
as "any information or action that brings a person, cause, etc. to public notice." Use of the
press or other means by a party involved in the matter to bring to the attention of the
public information regarding the matter or to advocate a position is “publicity” and is
prohibited by the bylaw if it occurs while a matter in dispute is still undecided or while an
appeal is contemplated or pending.
Members of the Synod walk together according to the covenants that they have mutually agreed upon by
such membership, as delineated in the Synod’s Constitution, Bylaws, and resolutions. One of those
covenants is provided in Bylaw 2.14.3 (c), which details how members of the Synod have agreed to
respond “even if the alleged violation of Article XIII of the Constitution is considered to be ‘public.’” In
such case Matthew 18:15 is still followed.
Question 2: “May this testimony be immediate in response to public sin?”
Opinion: See the answer to question 1 above.
Question 3: “If the matter is ‘public,’ representing a false doctrine or practice which is affecting
congregation(s) whose care we have been charged with, are we, the called pastors of those
congregations, prevented from warning our flocks and sister congregations that are being
impacted by said false doctrine or practice if we are also party to on-going dispute resolution
procedures set forth in Bylaw [section 2.14]?”
Opinion: If a false doctrine or practice is public, a pastor is not prevented (while observing principles of
Christian love) from informing his own congregation(s) regarding true doctrine or practice when there is
danger that the flock will be harmed by the falsehood. This remains true (and is not to be regarded as
“publicity”) also if he becomes a party to ongoing dispute resolution procedures. However, he may not
assume this responsibility for other congregations that are not under his care or for the general public
(which would constitute the “publicity” that the bylaw prohibits).

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