LCMS Convention Workbook St. Louis, Missouri — 1998, Page 308

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308

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Does chapter VIII provide for, or allow, ex parte communica-
tions between the reconciler and a party, except for routine
arrangements? Where all parties do not agree to such a proce-
dure, may a reconciler counsel the parties “individually” in their
efforts toward reconciliation? Is such reconciler’s ex parte coun-
seling of parties contrary to Bylaw 8.21 d, which provides that
neither party shall communicate with the reconciler without the
“full knowledge of the other party to the dispute”?

If the communication simply involves questions of procedure or
of issues regarding “routine arrangements,” such communica-
tion would not be a violation of either the spirit or the letter of
the law. However, any ex parte communication which deals
with the merits of the matter or which involves counse! on them
being provided by the reconciler would constitute a violation of
the Bylaw.

It is our understanding that in an excommunication case the only
matters in which a reconciler may inquire or a dispute resolu-
tion panel may decide are “procedural question involved in ex-
communication cases” Bylaw 8.13 b 1. In such an excommuni-
cation case, may a reconciler direct the respondent church to
document the criteria which in its opinion “justified ... the ac-
tions taken ...” May a respondent church decline to submit such
a document?

The answer to this question is provided in the response to ques-
tion three above.

Is a congregation member excommunicated when a church vot-
ers’ assembly recognizes a member's withdrawal from fellow-
ship and removes his or her name from the congregation’s mem-
bership list as a result of such a member joining another
congregation that is not in doctrinal! fellowship?

This is a theological, not a constitutional, question, which should
therefore be presented to the Commission on Theology and
Church Relations.

Is a congregation member excommunicated when a church vot-
ers’ assembly recognizes a member’s withdrawal from fellow-
ship and removes his or her name from the congregation’s mem-
bership list as a result of such a member refusing to submit to
brotherly admonition and correction when he has erred?

This is a theological, not a constitutional. question, which should
therefore be presented to the Commission on Theology and
Church Relations.

Is a congregation member excommunicated when a church vot-
ers’ assembly recognizes a member’s withdrawal from fellow-
ship and removes his or her name from the congregation’s mem-
bership list as a result of such a member failing to attend church
services and partake of the Lord’s Supper?

This is a theological, not a constitutional, question, which should
therefore be presented to the Commission on Theology and
Church Relations.

. May a congregation of the LCMS be suspended and expelled

from membership in Synod if it declines to participate in chapter
VIII reconciliation procedures, informal and formal, in an ex-
communication case, where it has not indicated that it would not
honor whatever decision a chapter VII dispute resolution panel
made in such case?

The commission understands this question to be asking whether
mere lack of participation in the reconciliation process identi-
fied in chapter VII of the Handbook is grounds for suspension
and removal from the Synod. The assumption is that the con-
gregation has not made a statement as to whether or not it will
abide by the decision of a Dispute Resolution Panel.

In response, the commission states as its opinion that lack of
participation would not be grounds for removal. However, if the
congregation not participating in the process refuses to honor
the final decision made by the Dispute Resolution Panel or other
panels as identified in the Bylaws, it would then be subject to
possible suspension and expulsion.

. May a congregation of the LCMS be suspended and expelled

from membership in Synod if it declines to participate in chapter
VIII reconciliation procedures, informal and formal, in an ex-
communication case, where it has been threatened with civil lit-
igation by dissident former members and where it has not indi-

cated that it would not honor whatever decision a dispute reso-
lution panel made in such case?

The commission understands this question to mean that the con-
gregation has decided not to participate in the reconciliation
process because it is threatened by a lawsuit instituted by the
other party(ies) involved. However, it has not said that it will
not abide by the decision reached by a Dispute Resolution Panel.

With the caveat noted above, i.e., that if the decision is not hon-
ored the congregation is subject to possible suspension and ex-
pulsion, the commission responds that the congregation may not
be suspended or expelled. The commission would also observe
that anyone actually reverting to legal procedures in a matter in
which the process described in chapter VIII could be utilized
might forfeit the right to utilize that process and would be sub-
ject to church discipline. The commission would further note
that if a congregation does not participate or abide by the deci-
sion of a Dispute Resolution Panel, it provides an opportunity
for the other party to utilize the secular courts in resolving is-
sues because the congregation has not followed the process es-
tablished by the Synod for doing so.

. May a congregation of the LCMS be suspended and expelled

from membership in Synod for publicly stating that women’s
suffrage is contrary to Holy Scripture?

The commission’s opinion is that a congregation may be ex-
pelled from membership because the Synod has stated as its po-
sition that woman suffrage is not contrary to the Scriptures. To
teach and state publicly that woman suffrage is contrary to the
Scriptures would be to elevate a matter of human opinion to the
level of Scriptural doctrine—which from the point of view of
the Synod would be contrary to the Scriptures, i.e.. to declare
that what the Synod has included in the category of an open
question is, in fact, a closed question (clearly prohibited by the
Scriptures). The congregation may decline to practice woman
suffrage, but it may not persist in teaching that it is contrary to
the Scriptures. If it were permitted to do so, every congregation
would have the same right to determine which of the positions
of the Synod in similar matters it wishes to accept and which to
reject. In respect to these matters, the following Bylaws are es-
pecially relevant: Bylaw 1.09 b; Bylaw 2.39 b and c, which state

1.09 Doctrinal Resolutions and Statements

b. Doctrinal resolutions may be adopted for the information,
counsel, and guidance of the membership. They shall con-
form to the confessional position of the Synod as set forth in
Art. II of its Constitution and shall ordinarily cite the perti-
nent passages of the Scriptures, the Lutheran Confessions,
and any previously adopted official doctrinal statements or
resolutions of the Synod. Such resolutions come into being in
the same manner as any other resolutions of a synodical con-
vention and are to be honored and upheld until such time as
the Synod amends or repeals them.

2.39 Relation of the Synod to Its Members

b. The Synod expects every member congregation to respect its
resolutions and to consider them of binding force if they are
in accordance with the Word of God and if they appear ap-
plicable as far as the condition of the congregation is con-
cermed. The Synod, being an advisory body, recognizes the
right of the congregation to be the judge of the applicability
of the resolution to its local condition. However, in exercis-
ing such judgment, a congregation must not act arbitrarily,
but in accordance with the principles of Christian love and
charity.

c. While retaining the right of brotherly dissent, members of the
Synod are expected as part of the life together within the syn-
odical fellowship to honor and to uphold the resolutions of
the Synod. If such resolutions are of a doctrinal nature, dis-
sent is to be expressed first within the fellowship of peers,
then brought to the attention of the Commission on Theol-
ogy and Church Relations before finding expression as an
overture to the convention calling for revision or recision.
While the conscience of the dissenter shall be respected, the
consciences of others, as well as the collective will of the
Synod, shall also be respected.