LCMS Convention Workbook St. Louis, Missouri — 2001, Page 326

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326

1. In Matt. 18:17, where it says “Tell it to the church,” the question

is “Who is the church?”

Response to question 1: The function of the Commission on Con-
stitutional Matters is to interpret the Synod’s Constitution, Bylaws, and
resolutions (Bylaw 3.905 d). The question is one of doctrine or doctrinal
application and thus should be addressed to the Commission on Theol-
ogy and Church Relations in accord with Bylaw 8.21 a.

2. What does the phrase “inexpedient as far as the condition of a
congregation is concerned” mean and how is it applied in mat-
ters relating to the right of self-governinent of LCMS congrega-
tions?

Response to question 2: The phrase in question is taken from Art.

VII of the Constitution of the Synod, which states:

In its relation to its members the Synod is not an ecclesiastical
government exercising legislative or coercive powers, and with re-
spect to the individual congregation’s right of self-government it is
but an advisory body. Accordingly, no resolution of the Synod im-
posing anything upon the individual congregation is of binding
force if it is not in accordance with the Word of God or if it appears
to be inexpedient as far as the condition of a congregation is con-
cerned.

Tt should be noted that the second sentence of Art. VII states, “no
resolution of the Synod” (emphasis added). It does not speak of the
Constitution or Bylaws of the Synod. “The right of a congregation to
exercise the right of expediency (Bylaw !.09 b) applies only to resolu-
tions of the Synod and not to the Constitution and Bylaws” (1969 Res.
5-23).

Bylaw 1.05 d elaborates on the principle set forth in Art. VII:

Congregations together cstablish the requirements of member-
ship in the Synod (Art. VI). In joining the Synod, congregations and
other members obligate themselves to fulfill such requirements.
Members agree to uphold the confessional position of the Synod
(Art. IT) and to assist in carrying out the objectives of the Synod
(Art. II1), which are the objectives of the members themselves.
Thus, while congregations of the Synod are self-governing (Art.
VII), they, and also individual members, commit themselves as
members of the Synod to act in accordance with the synodical Con-
stitution and Bylaws under which they have agreed to live and work
together and which the congregations alone have the authority to
adopt or amend through conventions.

Bylaw 1.09 a, addressing the topic of doctrinal resolutions and state-
ments, provides:

The Synod, in seeking to clarify its witness or to settle doctrinal
controversy, so that all who seek to participate in the relationships
that exist within and through the Synod may benefit and may act to
benefit others, shall have the right to adopt doctrinal resolutions and
statements which are in harmony with Scripture and the Lutheran
Confessions.

Regarding such doctrinal resolutions, Bylaw 1.09 b states, “Such
resolutions come into being in the same manner as any other resolutions
of a synodical convention and are to be honored and upheld until such
time as the Synod amends or repeals them.” As to doctrinal statements,
Bylaw 1.09 c 7 states, “They shall be honored and upheld (“to abide by,
act, and teach in accordance with” [1971 Res. 2.21]) until such time as
the Synod amends or repeals them.”

This relation of the Synod to its members, where its resolutions are
concerned, is further defined in Bylaw 2.39 a-c:

a. The Constitution, Bylaws, and all other rules and regulations
of the Synod apply to all congregational and individual members of
the Synod. ...

b. The Synod expects every member congregation to respect its
resolutions and to consider them of binding force if they are in ae~
cordance with the Word of God and if they appear applicable as far
as the condition of the congregation is concerned. 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 exercising 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 synodical
fellowship to honor and to uphold the resolutions of the Synod. If
such resolutions are of a doctrinal nature, dissent is to be expressed
first within the fellowship of peers, then brought to the attention of

2001 Convention Warkbook

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

the Commission on Theology 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.

What then is meant by a “congregation’s right of self-government”?
Since 1854, conventions of the Synod have refused to adopt resolutions
which were thought to interfere with the “self-government” of the local
parish, explaining that the Synod “is an advisory body.” Historically,
four areas of self-government have been recognized: (a) the calling of
pastors, teachers, etc., from a list of those accredited by the Synod itself;
(b) the owning and maintaining of congregational property without
granting any rights of it to the Synod; (c) church discipline; and (d) the
administration of a congregation’s programming and financial affarrs.

Thus, in answer to the question to the Commission, the phrase “in-
expedient as far as the condition of a congregation is concerned,” does
not refer to the Constitution and Bylaws of the Synod and is restricted to
resolutions adopted by a convention of the Synod which are non-doc-
trinal in nature.

3. Does the LCMS require that an individual who is a member of
an LCMS congregation but not a member of the LCMS (i.e., not
an ordained nor a commissioned minister) waive their individual
rights as a prerequisite for participating in the LCMS synodical
Dispute Resolution Process (i.e., Reconciliation, Dispute Reso-
lution Panel, etc.)—-even without individual consent, or in the
event that the individual retatns/reserves their rights prior to par-
ticipating in the LCMS synodical Dispute Resolution Process?

Response to question 3: The Commission understands this question
to relate to a layperson and the effect of the Synod’s Dispute Resolution
Process on such a layperson. Bylaw 8.01 defines the parties involved
in a dispute who are subject to the Dispute Resolution Process. They
are as follows:

|. Members of the Synod

2. The Synod itself

3. A District of the Synod

4. An organization owned and controlled by the Synod

5. Persons involved in excommunication

6. Lay members of congregations of the Synod holding posi-

tions with the Synod itself or with Districts or other organizations
owned and controlled by the Synod

Relative to number 5 above, “persons involved in excommunica-
tion,” Bylaw 8.13 b 1 limits the Dispute Resolution Process to proce-
dural questions involved in excommunication cases. Therefore, the
process can be utilized to question the procedure followed in an ex-
communication matter; it cannot be used to review the facts, which
serve as the basis of the excommunication.

The phase “members of the Synod” is defined in Art. V of the Con-
stitution of the Synod. Members of the Synod sign the Constitution of
the Synod and thus are bound by the Dispute Resolution Process as set
forth in Chapter VIUI of the Bylaws of the Synod. Laypersons, who are
members of congregations that are members of the Synod, are not them-
selves members of the Synod. Since such laypersons are not members
of the Synod, they have not agreed to be bound by the Dispute Resolu-
tion Process of the Synod and thus waive none of their rights by partic-
ipating in the process.

While laypersons do not meet the technical definition of “members
of the Synod” as defined in the Bylaws, they are nevertheless encour-
aged to participate fully in the synodical Dispute Resolution Process.
Each person or party to a dispute is urged “by the mercies of God to
proceed with one another with ‘the same attitude that was in Christ
Jesus’ (Phil. 2:5)" (Preamble to Chapter VIII, “Synodical Dispute Res-
olution,” Handbook, p. 125). For the sake of the Gospel those who are
not “members of the Synod” are invited to employ the means Synod
has provided for the resolution of disputes.

4. During LCMS Synodical Dispute Resolution (Reconciliation,
Dispute Resolution Panel. etc.), does the congregation retain its
right of self-government?

Response to question 4: As stated in Bylaw 8.11, a congregation re-
tains the right of self-government it has as a member of the Synod dur-
ing the Dispute Resolution Process: “The congregation's right of self-
government shall be recognized.”

5. According to LCMS synodical Dispute Resolution Procedure

Rule 27, what are the congregation's “scriptural responsibilities
toward its member,”* and what Scripture verses serve as the basis