LCMS Convention Workbook St. Louis, Missouri — 2016, Page 128

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128

I. OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

to hold membership in the Synod (individuals and congregations)
(Constitution Art. II; III 1; XIII 1; Bylaw 1.6.1).
The object of the Synod, as stated in Article III 1 of the Constitution, is
(1) to conserve and promote a unity in which all are “united in the same
mind and the same judgment” (1 Cor. 1:10), and (2) to avoid schism
caused by contrary doctrine (Rom. 16:17). This purpose of the Synod
is defeated when individuals are permitted to teach in accordance with
their private views, for then there can be no such thing as a synodical position, and a meaningful corporate confessional commitment is
impossible. Formal commitment of the Synod to a confessional base is
pointless unless the Synod has the right as a synod to apply its confessional base definitively to current issues and thus conserve and promote
unity and resist an individualism which breeds schism. (1971 Res. 2-21)

The confessional position of the Synod is set forth in Article II
of the Constitution:
The Synod, and every member of the Synod, accepts without reservation:
1.
The Scriptures of the Old and the New Testament as the written
Word of God and the only rule and norm of faith and of practice;
2.
All the Symbolical Books of the Evangelical Lutheran Church as
a true and unadulterated statement and exposition of the Word of
God, to wit: the three Ecumenical Creeds (the Apostles’ Creed,
the Nicene Creed, the Athanasian Creed), the Unaltered Augsburg
Confession, the Apology of the Augsburg Confession, the Smalcald Articles, the Large Catechism of Luther, the Small Catechism
of Luther, and the Formula of Concord.

The Synod, while acknowledging the unique status of the Scriptures (norma normans, “the norming norm”) and the Lutheran Confessions (norma normata, “normed norm”), also acknowledges that
the Confessions are not exhaustive in their confession of biblical doctrine but “speak primarily to the articles of faith in controversy in the
days of the Reformation” (Constitution Art. VIII C; 1971 Res. 5-24).
The Synod has retained the right and obligation to reaffirm the
confessional position of the Synod in time of controversy, to clarify
its witness, to set forth the confessional position of the Synod against
new and urgent challenge, and to refute error, as long as such statements are in harmony with Scripture and the Lutheran Confessions.
The Synod does so in line with the confessional principle of the Formula of Concord (FC SD Preface, 4–10), such that in making such
resolutions and statements it does not go beyond the confessional
basis of Article II of the Constitution, but merely defends its existing
confession against new misinterpretations. The Synod holds that its
confessional base is “as broad as Holy Scripture, and that provided a
doctrinal resolution is in fact in harmony with the Word of God, which
is ‘the only rule and norm of doctrine,’ the content of such a resolution is intrinsic to the Synod’s confessional basis” (1971 Res. 2-21).
Some historical examples of Synod stating its position in controverted matters include the adoption of C. F. W. Walther’s theses on
church and office (Kirche und Amt), the “Thirteen Theses on Predestination,” the “Brief Statement,” and “A Statement on Scriptural and
Confessional Principles.” The adoption of the “Thirteen Theses on
Predestination” resulted in several members of the Synod leaving because they could not agree with this position of the Synod. The Synod
has always expected and required that its members teach and practice
in accordance with these resolutions that state its public position regarding the teaching and practice of the Scriptures (1971 Res. 2-21).
The Synod refined the process by introducing a bylaw distinction
between doctrinal resolutions and doctrinal statements (1977 Res.
3-07). This change did not in any way alter the authority and status of
resolutions establishing the position of the Synod that were adopted
prior to this 1977 distinction. These prior resolutions remain what
they always were, the official position of the Synod in the matter
being covered (1977 Res. 3-07).
2016 Convention Workbook

Since 1977, the Synod has distinguished between doctrinal resolutions which “may be adopted for the information, counsel, and guidance of the membership” (Bylaw 1.6.2 [a]) and doctrinal statements
which “set forth in greater detail the position of Synod especially in
controverted matters” (Bylaw 1.6.2 [b]). “[Doctrinal] resolutions
come into being in the same manner as any other resolutions of a convention of the Synod and are to be honored and upheld until such time
as the Synod amends or repeals them” (Bylaw 1.6.2 [a]). Doctrinal
statements have a much more elaborate process of submission, evaluation, refinement, and approval but “shall be regarded as the position
of Synod and shall be ‘accepted and used as helpful expositions and
explanations’ ” to be honored and upheld as the standard of teaching
and practice “until such time as the Synod amends or repeals them”
(Bylaw 1.6.2 [b] [7]). Doctrinal resolutions and statements both have
binding force on all congregational and individual members of Synod
until it can be shown that such are not in keeping with the Word of
God or the Lutheran Confessions, not as an individual judgment but
when the Synod in convention by overture is convinced from the
Word of God to overturn or amend them (1959 Res. 3-09; 1962 Res.
3-17; 1973 Res. 2-12 and 3-01; 1977 Res 3-07).
The Synod is not infallible and has established a formal dissent
process for doctrinal statements when challenge arises (Bylaw section
1.8). Such formal dissent, however, cannot be used as a substitute
for the Synod’s stated confessional position and does not permit a
member to teach or practice contrary to the position of the Synod. It
does not free one from the responsibility to “honor and uphold” doctrinal resolutions or “to abide by, act, and teach in accordance with”
doctrinal statements until such time as Synod “amends or repeals
them” (Bylaw 1.6.2). This also includes doctrinal positions adopted
by the Synod prior to 1977 (cf. CCM Opinion 13-2677). The burden
of proof lies upon the dissenter to convince the Synod in convention
that it has erred and that a statement is in violation of Synod’s own
confessional position. The Bylaws maintain the right of the Synod to
interpret its own confessional article (Bylaw 1.6.2 [b]).
Doctrinal resolutions and statements, including positions adopted
prior to 1977, do not alter the Synod’s confessional position nor do
they add new confessions which must be subscribed. Rather, they
elaborate, clarify, set forth in greater detail, and apply that confessional position. As has been true throughout its history, controversy
and challenge sharpen the pen for the Synod to clarify its theological
position without altering the confessional article of its constitution.
Question 1: Is the open and repeated advocacy of theological positions contrary to Synod’s stated positions on (a) the
ordination of women or women carrying out the functions of the pastoral office; (b) theistic evolution; (c)
the inerrancy and/or the inspiration of the Scriptures;
(d) church fellowship; and (e) same-sex relationships
violations of Article II and Article VI 1 of the Synod’s
Constitution?
Opinion: Yes, open and repeated advocacy of theological positions
contrary to the Synod’s stated theological positions is ultimately a
challenge to and a violation of the very confessional basis of Synod
expressed in Articles II and VI 1 of the Synod’s Constitution, as
are all teachings and practices which contradict Scripture and the
Confessions. Doctrinal resolutions and statements, including those
adopted prior to 1977, have binding force on individual as well
as congregational members of Synod. Members of the Synod are
required to honor and uphold the stated theological position of
Synod, which is defined by the confessional articles of the Constitution and any doctrinal positions adopted by the Synod to amplify,
clarify, and apply its theological position in time of question, challenge, and conflict (Bylaw 1.6.2 [a] and [b]). Acting or teaching
contrary to such is therefore a rejection of the stated confessional