LCMS Convention Workbook St. Louis, Missouri — 2010, Page 282

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282

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

of the applicability of the resolution to its local condition” (Bylaw
1.7.2, emphasis added).

withdraws this formulation (non-doctrinal) and replaces it with the
language found in this revised opinion.

Following Dissent Procedures and Honoring and Upholding
the Resolutions of the Synod

Conclusion

A resolution of the Synod lacks binding force when a congregation
determines that the resolution “is not in accordance with the Word of
God or if it appears to be inexpedient [unsuited] as far as the condition of a congregation is concerned” (Article VII). If, in exercising its
self-government, the congregation has determined that a resolution of
the Synod is not in accordance with God’s Word, the congregation,
in joining the Synod, has also retained the right of brotherly dissent
and in exercising that dissent (to the extent that it wishes to do so)
has bound itself to the provisions set forth in the Bylaws (Bylaw
section 1.8). If, in exercising its self-government, the congregation
has determined that a resolution of the Synod is not “applicable” as
far as the condition of the congregation is concerned, the congregation, in joining the Synod, has also agreed to honor and uphold the
collective will of the Synod as expressed in its Constitution, Bylaws,
and convention resolutions, and pledged its active involvement and
support of the Synod’s efforts to carry out its mission and purpose
(cf. Appendix II ).
“Non-Doctrinal” Resolutions
CCM Opinion 99-2157 states that the “inexpedient” phrase of
Article VII is “restricted to resolutions adopted by a convention of
the Synod which are non-doctrinal in nature.” Many of the concerns
submitted to the 2001, 2004, and 2007 conventions of the Synod
regarding Opinion 99-2157 have focused on this statement, including
the overture to the 2007 convention which has led to this reconsideration of the response to the second question in that opinion.
The Synod has long held that doctrine is determined by and drawn
only from God’s Word, and that it is not established either by a decree
or by a majority vote of the self-governing congregation or an association of such congregations. Article VIII of the Synod’s Constitution
makes this very clear when it states: “All matters of doctrine and
conscience shall be decided only by the Word of God.” It is also the
Synod’s conviction that “doctrine may not be accepted or rejected
upon the basis of considerations of expediency” (1971 Res. 2-21).1
The current CCM recognizes that the phrase in question in Opinion
99-2157 seeks to express this understanding.
The terms “doctrinal” and “non-doctrinal” have caused uncertainty or confusion in certain contexts, including their use to identify
certain resolutions. Conventions have struggled to find a consensus
definition of what is a doctrine (cf. 1964 CTCR report, What Is a
Doctrine? with its reference to 1944, 1953, and 1962 convention resolutions; also the May 2004 study document, “CONGREGATIONS
AND SYNOD—Background Materials on the Advisory Nature of
the LCMS”). For example, some resolutions simply restate biblical
and confessional teaching, while others apply that teaching to certain
circumstances or situations. Are both types “doctrinal,” or is the latter
“non-doctrinal”? Is a resolution on practical or programmatic matters that simply cites one or more Bible passages in the “whereas”
paragraphs to be considered a “doctrinal” resolution on that account,
or is it “non-doctrinal,” or is it both? Are resolutions dealing with
social or ethical issues or expressing moral judgments to be considered “doctrinal” on that account, even if they contain no biblical or
confessional references? Such questions and many others like them
can easily lead to disagreement and even discord within the Synod.
Therefore, because of terminological ambiguities, because Article II
simply says “no resolution of the Synod,” and because Bylaw 1.7.2
simply says “its resolutions” and “the resolution,” the commission

In response to the question under consideration, the commission
also states that the Article VII phrase “inexpedient as far as the condition of a congregation is concerned”—
• is applicable only to resolutions that are adopted by the Synod, not to
its Constitution (and, by implication, its Bylaws), which all members have accepted as a condition of membership. Because the second
sentence of Article VII says, “no resolution of the Synod” (cf. also
Bylaw 1.7.2), no limitation should be placed on the type or category of
resolution that a congregation may wish to consider under this provision. However, because all congregations of the Synod have accepted
Article II of the Constitution and thereby have pledged their acceptance of Holy Scripture and the Lutheran Confessions, the Article VII
phrase in question may not be applied by congregations to resolutions
of the Synod that consist primarily of citations from Holy Scripture or
the Lutheran Confessions or simply restate the clear teaching of Holy
Scripture and the Lutheran Confessions (cf. also Bylaw 1.6.2 quoted
in Appendix II ). Similarly, since all congregations of the Synod, in
becoming members of the Synod, have subscribed to the Constitution
of the Synod, the Article VII phrase in question may not be applied by
a member congregation to resolutions of the Synod that are primarily
explicit reaffirmations of other constitutional positions or provisions;
• deals only with resolutions of the Synod “imposing anything upon
the individual congregation” (Article VII). The many resolutions of
the Synod that deal with the management and direction of the Synod
and its component parts, as distinguished from resolutions that are
addressed to its member congregations (see above), are not included
in this provision. Moreover, taking the language of this phrase quite
literally, it must be said that very few resolutions of the Synod intend
to “impose” anything upon its member congregations, inasmuch as
the Synod does not exercise “legislative or coercive powers” (Article
VII) in relation to its members and clearly recognizes the congregation’s right of self-government; and
• is limited to a congregation’s judgment that a resolution is unsuited or
inapplicable to the “condition of the congregation” (Bylaw 1.7.2). The
Synod has not limited in any way what a congregation might consider
to be such a condition (whether it be a lack of resources, tension within
the congregation, or some other important factor).

If a congregation determines that a resolution of the Synod is
unsuited or inapplicable as far as the condition of the congregation
is concerned, the congregation has also committed itself to “not act
arbitrarily, but in accordance with the principles of Christian love and
charity” (Bylaw 1.7.2), as well as to respect the collective will of the
Synod as expressed in its resolutions (cf. Bylaws 1.7.2 and 1.8.2).
The commission also notes that Article VII states that 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.”
Should a congregation reach this conclusion about any resolution
of the Synod, it should also realize that, by becoming a member of
the Synod, it has bound itself (to the extent the congregation wishes
to carry out the right of brotherly dissent) to express and deal with
its dissent according to the provisions of the Bylaws of the Synod.
Note
1. The quote from 1971 Res. 2-21 in its immediate context:
The Synod, in stating the circumstances under which a
mem­ber is not obligated to adhere to the general rule that “the
Synod expects every member congregation to re­spect its resolutions and to consider them of binding force” (Bylaw 1.09 b
[2007 Bylaw 1.7.2]), grants exceptions only with re­spect to
such resolutions as may be accepted or rejected as a matter of
expediency depending upon a congrega­tion’s condition and

2010 Convention Workbook

2010 Convention.indb 282

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