LCMS Convention Proceedings St. Louis, Missouri — 2007, Page 61

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REPORT OF THE PRESIDENT
ing bylaw criteria to send delegates to the Synod’s 2004 convention were excessive. A second issue in the lawsuit was the
plaintiffs’ belief that certain official opinions of the Commission on Constitutional Matters of the Synod unlawfully restricted the authority of the Synod’s Board of Directors.
In February of 2006, at the initiative of the Board of Directors,
a four-member committee of the Board met and conferred with
a four-member committee of the plaintiffs. After a series of
meetings, an agreement was reached (see separate news release, “Anderson Lawsuit Agreement”).
In the weeks after agreement was reached, the Agreement was
signed by a large majority of the plaintiffs. However, prior to the
court date for presenting the Agreement and advocating dismissal of the lawsuit, four members of the Board of Directors filed
a Motion to Intervene as a result of concerns associated with that
portion of the lawsuit pertaining to Board of Directors and Commission on Constitutional Matters authority issues.
Subsequent discussions resulted in the withdrawing of the
Motion to Intervene paving the way for a final dismissal of
the Anderson suit.

Again, I encourage you to read the Special Report in this
Convention Workbook to understand more fully the details
of this lawsuit.
In the future, it is my prayer that matters such as these
will be settled among us, not with lawsuits in the civil courts,
but in accord with the covenants of love to which we have
agreed to live and work together as a Synod. It is God’s will
that we live and act in the spirit of the love of Christ, in accord with the exhortation of the Word of God, especially as
written in 1 Corinthians 6:1–11:
“If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do
you not know that the saints will judge the world? And if you
are to judge the world, are you not competent to judge trivial
cases? Do you not know that we will judge angels? How much
more the things of this life! Therefore, if you have disputes
about such matters, appoint as judges even men of little account in the church! I say this to shame you. Is it possible that
there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against
another— and this in front of unbelievers!
The very fact that you have lawsuits among you means you
have been completely defeated already. Why not rather be
wronged? Why not rather be cheated? Instead, you yourselves
cheat and do wrong, and you do this to your brothers.
Do you not know that the wicked will not inherit the kingdom
of God? Do not be deceived: Neither the sexually immoral nor
idolaters nor adulterers nor male prostitutes nor homosexual
offenders nor thieves nor the greedy nor drunkards nor
slanderers nor swindlers will inherit the kingdom of God.
And that is what some of you were. But you were washed, you
were sanctified, you were justified in the name of the Lord
Jesus Christ and by the Spirit of our God.”

As delegates will see in the Special Lawsuit Report included as a supplement to this Part I of the President’s report, our Synod’s Commission on Constitutional Matters
has responded to questions submitted to it regarding this
matter. The following question and response is of particular
significance:

61

109. Proper Dissent and Dispute by Members of the
Synod (05-2444)
Question 1: Is it in harmony with the Constitution and Bylaws (1.3, 1.4.1, 1.7, 1.8, 1.10, 3.1.1, and 3.1.6.2)
of the Synod for any member of the Synod or
any group within the Synod as an avenue or
form of dissent or dispute to engage in promoting non-compliance with the resolutions of the
Synod and making charges against the Synod,
the President, and others of the Synod by use of
lawsuits, publications, letters, or meetings and
conferences that are not in keeping with the
polity of the Synod as set forth in the Constitution and Bylaws?
Opinion: No. Every member of the Synod (individual and
congregation) joins the Synod voluntarily and in doing so
agrees to relate to, live, and serve together with one another
(“walk together”) in harmony with the Constitution and
Bylaws.…
In their agreement to live and work together in harmony
(in harmony with the Constitution and Bylaws) the members of the Synod, when and where disputes exist, are
required, subject to limited exceptions, to use the avenue provided by the Synod to settle disputes, as set forth in Bylaw
section 1.10, “Dispute Resolution of the Synod,” which in
part states:
The Holy Scriptures (1 Cor. 6:1–7) urge Christians to settle
their differences by laying them before the “members of the
brotherhood.” Therefore, the Synod in the spirit of 1 Corinthians 6 calls upon all parties to a disagreement, accusation, controversy, or disciplinary action to rely exclusively and fully on
the Synod’s system of reconciliation and conflict resolution.
The use of the Synod’s conflict resolution procedures shall be
the exclusive and final remedy for those who are in dispute.
Fitness for ministry and other theological matters must be determined within the church. Parties are urged, in matters of a
doctrinal nature, to follow the procedures as outlined in Bylaw
section 1.8. (Bylaw 1.10.1.1)

Therefore, all members of the Synod are required to resolve
all matters of dissent or all disputes by the avenues and
structures available to them as set forth in the Constitution
and Bylaws of the Synod without resorting to secular courts
and without resorting to avenues, means, structures, or communications that are foreign or contrary to the synodical
agreements and which are not in harmony with the polity
of the Synod.
Dear friends in Christ, I truly hope and fervently pray that
God’s Spirit will touch the hearts of everyone in the LCMS,
that all would work and walk together in a way that builds
harmony and peace in our Synod, not divisiveness and contention.
Response of the Synod to South Asia Tsunami,
Hurricane Katrina, and Hurricane Rita
As ONE people proclaiming the ONE message of Christ,
we love one another and bear one another’s burdens. We respond with open hearts and caring hands to the needs of our
neighbors, “especially to those of the household of faith.” This
was exhibited across the Synod in a tremendous way during
2007 Convention Proceedings