LCMS Convention Workbook St. Louis, Missouri — 2001, Page 329

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 329

Clarification of Art. II, VI, and XIII
and Bylaws 1.09, 2.27, and 2.39 re False Doctrine,
Suspension, and Expulsion (99-2162)

A pastor of the Synod, in a letter dated August [7, 1999, “with-
out reference to any specific situation or facts pertaining thereto,”
asks the following three questions of the CCM:

Question 1: According to Art. XTII of the Synod’s Constitution,
is embracing and persisting in false doctrine an act contrary to the
confession laid down in Art. Ii and to the conditions of membership
laid down in Art. VI and consequently an act that may subject a
member of the Synod to suspension and expulsion?

Opinion: Art. I sets forth the confessional standard of the
Synod. Embracing and persisting in false doctrine is a denial and
rejection of that standard and thus, in accord with Art. XIII, is a
basis for expulsion from the Synod.

Question 2: Does Bylaw 2.39 c preclude the suspension of a
member of the Synod who makes use of said Bylaw, even if it is
determined through investigation under a Bylaw 2.27 proceeding
that the member embraces and persists in false doctrine?

Opinion: The Lutheran Church—Missouri Synod is a voluntary
association whose members accept the confessional article of the
Synod’s Constitution “without reservation.” Art. II of the Synod’s
Constitution states:

The Synod, and every member of the Synod, accepts without reser-
vation:

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 wil: 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 Smal} Catechism of Luther, and the Formula
of Concord.

Art. II sets forth the nature of the confessional unity of the
Synod. At the foundation of this unity in confession is a common
understanding of the role of Holy Scripture. In joining the Synod,
members indicate their agreement with one another that Scripture is
the only rule and norm of faith and practice.

The second part of Art. II states that a member of the Synod
also accepts, without reservation, “all the Symbolical Books of the
Evangelical Lutheran Church as a true and unadulterated statement
and exposition of the Word of God.” And then the Symbols, or
Confessions, are named, beginning with the Ecumenical Creeds
and continuing down to the Formula of Concord.

Bylaw 1.09 speaks to the adoption of doctrinal resolutions and
statements:

a. The Synod, in seeking to clarify its witness or to settle doctrinal
controversy, so that all who seek to participate in the relationships thal
exist within and through the Synod may benefit and may act to benefit
others, shall have the right 10 adopt doctrinal resolutions and statements
which are in harmony with Scripture and the Lutheran Confessions.

b. Doctrinal resolutions may be adopted for the information, coun-
sel, and guidance of the membership. They shall conform to the con-
fessional position of the Synod as set forth in Article II of its Constitu-
lion and shall ordinarily cite the pertinent passages of the Scriptures,
the Lutheran Confessions, and any previously adopted official doctri-
nal 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.

c. Doctrinal statements sel forth in greater detail the position of the
Synod especially in controverted matters.

This same section of the Bylaw provides for the way doctrinal
statements should be developed and adopted. Bylaw 1.09 c 7 then
states:

7. Such adopted and ratified doctrinal stalements shall be regarded
as the position of the Synod and shall be “accepted and used as helpful
expositions and explanations” (FC SD Rule and Norm 10). 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.

Finally, Bylaw 1.09 c 9-10 is instructive to the question asked
of the Commission:

9. An overture to repeal such an adopted and ratified doctrinal state-
ment shall require a majority vote of a convention of the national Synod
in answer to an overture properly submitted and be subject to the pro-
cedure of congregational approval set forth in paragraph c 6 above;

10. In the interim, those who submit overtures to amend or to re-
peal shall, while retaining their right to dissent, continue to honor and
uphold publicly the statement as the position of the Synod, notwith-
standing further study and action by the Synod.

Bylaw 1.09 then concludes with section d, which states: “Dis-
sent from doctrinal resolutions and statements shall be governed
by Bylaw 2.39 c.” The foundation of Bylaw 2.39 c is Art. VII of
the Constitution of the Synod. It reads as follows:

In its relation 10 its members the Synod is not an ecclesiastical gov-
emment exercising legislative or coercive powers, and with respect to
the individual congregation’s right of self-government it is but an advi-
sory body. Accordingly, no resolution of the Synod imposing anything
upon the individual congregation is of binding force if it is not in ac-
cordance with the Word of God or if it appears to be inexpedient as far
as the condition of the congregation is concerned.

Bylaws 2.35, “Duties of Members,” and 2.39, “Relation of the
Synod to Its Members” set forth the meaning of Art. II. According
to Bylaw 2.35, “Every member of the Synod shall diligently and
earnestly promote the purposes of the Synod by word and deed.”
Bylaw 2.39 c describes how this is done also in times of dissent:

c. While retaining the right of brotherly dissent, members of the
Synod are expected as part of the life 1ogether within the synodical fel-
fowship to honor and 1o uphold the resolutions of the Synod. [f such
resolutions are of a doctrinal nature, dissent is to be expressed first
within the fellowship of peers, then brought to the attention of the Com-
mission on Theology and Church Relalions before finding expression as
an Overture to the convention calling for revision or recision. While the
conscience of the dissenter shall be respecied, the consciences of others,
as well as the collective will of the Synod, shall also be respected.

By joining the Synod a member accepts the confessional stan-
dard of the Synod as expressed in Article II and elaborated upon
in Bylaw 1.09. By joining the Synod a member agrees to honor and
uphold the resolutions of the Synod in public teaching. And this
means that a member agrees “to abide by, act and teach in accor-
dance with” (1971 Res. 2-21). This is true not only when a member
agrees with the resolutions adopted by the Synod, but also when in
disagreement with positions adopted by the Synod. By joining the
Synod a member promises that if there is disagreement with a doc-
trinal position of the Synod dissent will not be expressed publicly
but will follow the procedure set forth in Bylaw 2.39. Thus, Bylaw
2.39 can be used as a defense against an action under Bylaw 2.27
only if the member can establish that the position of the Synod has
been upheld in actions and teaching and that dissent has been lim-
ited to the procedure set forth in Bylaw 2.39.

Question 3: May a synodical Dispute Resolution Panel rule a
Bylaw 2.27 suspension decision null and void on the grounds that
since the member of the Synod is making use of Bylaw 1.09 d and
Bylaw 2.39 c, he cannot be suspended and expelled from the Synod
for embracing and persisting in false doctrine?

Opinion: The extended opinion provided above to question 2
provides the answer to this question. A member that properly
teaches and acts is permitted to raise questions under Bylaw 2.39. If
a member of the Synod embraces and persists in false doctrine and
this is evidenced in actions or teachings, neither Bylaw 1.09 nor
Bylaw 2.39 provides a defense thereto.

Adopted Oct. 20, 1999

Question re Suspension of a Pastor and Request
for Clarification of “Shall” in Art. XIII
of the Constitution (99-2163)

In a letter dated August 20, 1999, a pastor of the Synod inquired
regarding latitude and discretion on the part of a District President
in the suspension of a pastor. The Commission responds as follows:

2001 Convention Workbook