LCMS Convention Workbook St. Louis, Missouri — 2004, Page 314

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APPENDIX I |
OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Questions re Rights of Individuals and Congregations
(99-2157)

A Dispute Resolution Panel in a July 16, 1999 letter submitted a
series of questions for clarification of a number of details from its
dispute case, questions raised by the complainant in the case. The
Commission responded in an August 11, 1999 letter to the panel
as follows:

1. In Matthew 18:17, where it says “Tell it to the Church”, the ques-
tion is “Who is the Church”?

Response to Question 1: The function of the Commission on
Constitutional Matters is to interpret the Synod’s Constitution, By-
laws, and resolutions (Bylaw 3.905, d). The question is one of doc-
trine or doctrinal application and thus should be addressed to the
Commission on Theology and Church Relations in accord with
Bylaw 8.21, a.

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

Response to Question 2: The phrase in question is taken from
Article 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 the congregation is con-
cemed.

It should be noted that the second sentence of Article 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 1.09b) ap-
plies only to resolutions 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 Article
VU: ;

Congregations together establish 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. II) and to assist in carrying out the objectives of the Synod
(Art. IID), which are the objectives of the members themselves.
Thus, while congregations of the Synod are self governing (Art.
VID, 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, addressing the topic of doctrinal resolutions and
statements, 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 hon-
ored 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 concemed, 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 congregations and individual members of
the Synod....

b. The Synod expects every member congregation to respect its
resolutions and consider them of binding force if they are in accor-
dance 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
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-govern-
ment’? Since 1854 conventions of the Synod have refused to adopt
resolutions which were thought to interfere with the “self-govern-
ment” of the local parish, explaining that the Synod “is an advi-
sory 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 main-
taining 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 affairs.

Thus, in answer to the question to the Commission, the phrase,
“inexpedient as far as the condition of a congregation is con-
cerned,” 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-doctrinal in nature.

3. Does the LCMS require that an individual who is a member of a
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 Resolution Panel,
etc.)}—even without individual consent, or in the event that the in-
dividual retains/reserves their rights to prior to participating 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 dis-
pute resolution process on such a layperson. Bylaw 8.01 defines
the parties involved in a dispute who are subject to the dispute res-
olution process. They are:

1. 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 positions
with the Synod itself or with Districts or other organizations
owned and controlled by the Synod.

Relative to number 5 above, “persons involved in excommuni-
cation, Bylaw 8.13, b, 1, limits the dispute resolution process to
procedural questions involved in excommunication cases. There-
fore, the process can be utilized to question the procedure followed
in an excommunication matter; it cannot be used to review the
facts, which serve as the basis of the excommunication.

“Members of the Synod” is defined in Article V of the Consti-
tution 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 VIII of the Bylaws of the Synod. Laypersons,

2004 Convention Workbook