LCMS Convention Proceedings St. Louis, Missouri — 2010, Page 146

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146

RESOLUTIONS

02-2309 and any subsequent opinions, reports, resolutions,
or other documents that pertain thereto .” The CCM issued
Opinion 09-2570 (CW, pp . 278–79) at its January 23–24, 2010,
meeting, in which it reaffirmed its consistent interpretation of
the Synod’s Constitution regarding ecclesiastical supervision .
On February 12, 2010, the CTCR adopted its response to
2007 Res . 8-10 (CW, pp . 61–63) . After consultation with the
Council of Presidents (COP) and Commission on Structure
(COS), the CTCR found the theological criticisms of the opinions of the CCM to be without merit .
Impunity and Immunity
The preamble to the provisions for dispute resolution for
the Synod states:
Christians involved in conflict must always stand ready to
ask for or extend forgiveness in accordance with Scripture . As
the church endeavors to help bring about peace, truth, justice,
and reconciliation, it always seeks to do so with a proper distinction between Law and Gospel, that is, in the context of God’s
judgment and mercy . We are ever to be mindful that it is God
who judges the hearts of sinful men and grants His gracious
word of forgiveness to us all . [Bylaw 1 .10 .1 .5; see also Bylaw
2 .14 .1]

Both dispute resolution and ecclesiastical supervision in
the Synod are designed to encourage and provide for unity in
the Synod and truth in the teaching of doctrine . They are not
designed to seek recompense and punishment but are designed
to lead to reconciliation, restoring the erring member in the
spirit of gentleness and avoiding the adversarial system practiced in society:
When there is repentance and reconciliation, the body of
Christ rejoices in its oneness with Christ and with one another .
[Bylaw 1 .10 .1 .6]
[The district president] may apart from the investigation also
appoint a small committee to assist in reconciliation efforts .
[Bylaw 2 .14 .4 (c)] .

Although a number of the overtures submitted to the 2010
convention concerning CCM opinions have suggested that
those in question allow for members of the Synod under certain circumstances to act “with impunity and immunity,” this is
simply not so . In its report to the convention (CW, pp . 61–63),
the CTCR makes clear that though a member may act on the
basis of advice solicited and received in good faith, if that
advice and direction is later determined to be in error, such
member is required to acknowledge his/her error and correct
his/her behavior accordingly . Failure to do so subjects such a
member to admonishment and, in the case of his/her failure to
correct the action in question, expulsion from membership in
the Synod . This is true if the member is an ordained or commissioned minister, a district president, or even the President
of the Synod .
This report is in all essentials supported and confirmed by
the opinions of the CCM:
The protections of the Synod as expressed in Opinion 022309 are protections of one’s membership in the Synod and not
a protection from the duty and responsibility to constantly consider the appropriateness of one’s actions in view of the Word
2010 Convention Proceedings

of God . No one is immune from responsible, God-pleasing conduct and behavior or personal accountability before God . [Opinion 03-2338, 03-2338A, 03-2338C (CW, p . 252)]

And further:
If an act is in fact contrary to Article XIII of the Constitution,
the member who acted cannot be charged since he or she acted
according to the advice of his or her ecclesiastical supervisor .
It should be noted, however, that when an ecclesiastical supervisor discovers error in his counsel, it is incumbent upon that
supervisor to correct or amend it . The member should then be
held to consider the corrected counsel . Failure to consider such
amended admonition could form the basis for disciplinary action as provided in Article XIII . [Opinion 02-2309 (CW, p . 250)]

And finally:
Neither the Synod itself nor its chosen ecclesiastical supervisor may grant anyone the right to violate the Scriptures
with impunity . The Synod through its ecclesiastical supervisors
provides counsel and advice—not immunity, approval, or permission, much less license . To the extent that an ecclesiastical
supervisor’s counsel and advice is contrary to Holy Scripture,
such supervisor must himself be held accountable . And to the
extent that the Synod becomes aware that one of its chose and
delegated ecclesiastical supervisors has given erroneous advice
which has been relied upon by a member, the Synod must provide that member with corrected advice and give the member
the opportunity to take corrective steps before expelling such
member . [Opinion 09-2570 (CW, p . 278)]

Conclusion and Recommendation
CCM Opinions 02-2296, 02-2309, and 02-2320, issued
over seven years ago, have been reviewed by two subsequent
conventions of the Synod, but they continue to attract attention and misunderstanding as evidenced by the overtures to
this convention . Based upon the extensive review of these and
related CCM opinions by previous conventions, as well as the
CTCR, COP, and COS, Floor Committee 7 recommends the
adoption of Res . 7-02 .
Notes
1 . November 20–22, 2003, resolution of the Board of Directors:
Whereas, The Commission on Constitutional Matters
(CCM) has precisely defined service functions described in Bylaw 3 .905 of the Handbook, including the interpretation of the
Constitution, Bylaws, and resolutions of the Synod upon written
request (paragraph d); and
Whereas, CCM Opinions 02-2296, 02-2309, and 02-2320
exceed the service function of the CCM provided in Bylaw
3 .905 d; and
Whereas, Article XIII of the Constitution states that members shall be expelled from the Synod if they act contrary to
the confession laid down in Article II or persist in an offensive
conduct; and
Whereas, CCM Opinions 02-2296, 02-2309, and 02-2320
conclude that the Synod is precluded from taking any action to
terminate membership of a member who has in fact acted contrary to Article XIII when the conduct is done with the advice
and counsel of the member’s ecclesiastical supervisor; and