# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_September 14 1999_S6
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

any aspect of the resolution that mandated the procedures. However, interpretation of the content of such
procedures is beyond the authority of the Commission. Since this question involves theology, it will more
properly be directed to the Commission on Theology and Church Relations.
6. Given that the Synod is not an ecclesiastical government exercising legislative or coercive powers,
and with respect to the individual congregations right of self-government, it is but an advisory body
(LC-MS Constitution: Article VII Relation of the Synod to Its Members), does the Synod or its Districts
or any Officer of the Synod or Officer of Its Districts have the ecclesiastical authority to not respect
action(s) taken by a LC-MS congregation and to unilaterally cancel and/or declare action(s) taken by a
LC-MS congregation or its Voters Assembly as illegal, non-binding, not valid, and/or of no effect?
Response to Question 6: The Commission responds that neither the Synod, nor any of its Districts, nor any
of its officers can unilaterally cancel an action taken by an LCMS congregation through its voters assembly
or by edict make such action non-binding, not valid, or of no effect. If the action of the congregation is such
that it is subject to the Synod’s dispute resolution process in Chapter VIII of the Bylaws or could lead to an
action to terminate the congregation’s membership in the Synod under Bylaw 2.27, the procedures outlined
in those Bylaws are the remedy available to the Synod, its Districts, and its officers.
Bylaw 8.11 addresses the consequences of a decision rendered under the Synod’s dispute resolution
process:
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 action of the congregation or advise the
congregation to review and revise its decision. If the congregation does not revise its decision, the other
congregations of the Synod shall not be required to respect this decision, and the District involved shall
take action with respect to the congregation as it may deem appropriate.
It must be noted that Bylaw 8.11 applies only to those decisions of a congregation that may be brought
before a dispute resolution panel.
7. Does a LC-MS District President have the ecclesiastical authority to: (1) not respect, unilaterally
cancel and/or declare an action taken by the Voters Assembly of a LC-MS Congregation as not valid,
and/or (2) not respect, unilaterally cancel and/or declare as not valid a meeting duly called by the Voters
Assembly of a local LC-MS Congregation?
Response to Question 7: Because a District President is an officer of the Synod, the opinion to the previous
question is likewise applicable to the District President. Neither the Synod, nor any of its Districts, nor any
of its officers have any authority to cancel or declare invalid a duly called meeting of or an action taken by
the voters’ assembly of a congregation that is a member of the LCMS. A District President is, however,
charged with the responsibility to “give counsel” to congregations (Bylaw 4.73) when “a controversy arises
in a congregation or between two or more congregations of the District, or when there is evidence of a
continuing unresolved problem in doctrine or practice” (Bylaw 4.75).
57. Questions Re 1998 Synodical Resolution 7-12 and Dual Membership (99-2158)
Two congregations in letters dated May 30, 1999, and July 16, 1999, raised questions regarding the
applicability of 1998 synodical convention Resolution 7-12 to their specific situations. The Commission
reviewed and discussed a draft response provided by one of its members, offered suggestions for a revision,
and postponed further action until its next meeting.
58. Review of Revision of Missouri District Bylaws (99-2159)