LCMS Convention Workbook St. Louis, Missouri — 2007, Page 259

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SYNOD STRUCTURE AND GOVERANCE 259

non-profit corporation (Chapter 355) laws of the state of Missouri
in the governance and structure of the Synod; and

WHEREAS, The state of Missouri has followed the Model Non-
profit Corporation Act (rev. 1987) created by the American Bar As-
sociation for the development of their specific non-profit (Chapter
355) code; and

WHEREAS, Section 1.80 of the Model Act reads:

Subchapter H: Religious Corporations—Constitutional
Protections

If religious doctrine governing the affairs of a religious cor-
poration is inconsistent with the provisions of this chapter on
the same subject, the religious doctrine shall contro] to the ex-
tent required by the Constitution of the United States or the con-
stitution of this state or both;

and

WHEREAS, The South Carolina Senate Record (March 31, 1994)
contained this entry encouraging the addition of this particular sec-
tion when they adopted the Model Act as their state’s non-profit laws:

Section 1.80 is based on the recognition that some provisions of the

Model Act may conflict with the United States Constitution or state

constitutions. The exact scope of constitutional limitations is less than

clear and is subject to debate. Section 1.80 overcomes this difficulty by
providing that to the extent religious doctrine applicable to a religious
corporation sets forth provisions inconsistent with provisions of the

Model Act, the religious doctrine law shall control to the extent required

by the United States Constitution or applicable state constitutions;
and

WHEREAS, The state of Missouri unfortunately did not include
Section 1.80 of the Mode] Act when they revised their non-profit
laws, and thus there is no distinction between secular organizations
or religious organizations in the Missouri non-profit (Chapter 355)
laws; and

Wuereas, In order to bring peace and order among the various
opinions within the Synod in this issue among the members and
congregations of the Synod; therefore be it

Resolved, That the Synod Board of Directors, the Synod’s legal
representatives, be directed to request/petition the leadership of
both houses of the state Missouri legislature to add Section 1.80 of
the Model Act to their non-profit (Chapter 355) laws in order to
protect the constitutional rights of religious organizations within
the state of Missouri; and be it further

Resolved, That the leadership of the Synod and the congrega-
tions of the Synod, especially in the state of Missouri, write/call/
contact the state of Missouri legislature representatives and senators
to encourage them to add Section 1.80 of the Model Act to the state
of Missouri non-profit (Chapter 355) laws; and be it finally

Resolved, That the elected and appointed officers, boards, and
commissions of the Synod be directed that instead of turning over
the governance and structure of the Synod to the secular laws of
the state of Missouri, that they be the defenders of the Synod’s con-
stitutional rights and privileges as granted by the U.S. Constitution
and Missouri State Constitution and the appropriate laws and court
rulings thereof.

Grace
Elyria, OH

8-05

To Encourage Christian Resolution of Disputes

WuEREAS, God has clearly stated in 1 Cor. 6 His intent that
brothers in the faith not enter into lawsuits against one another:

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 be-
lievers? 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. (1 Cor. 6:1-8);

and

WHEREAS, Valuable resources (money, time, and personnel) are
expended in litigation; therefore be it

Resolved, That the 2006 convention of the Northern Illinois
District discourage all lawsuits against the Synod unless all Chris-
tian remedies and Synod procedures have been thoroughly ex-
hausted; and be it further

Resolved, That we encourage pastors and congregations to
“build the unity of the Spirit in the bond of peace” (Eph. 4:12) by
acting as Christians; and be it further

Resolved, That fellow Christians be encouraged to work within
our dispute resolution process to resolve any disagreements, and
be it finally

Resolved, That the 2006 convention of the Northern Illinois
District petition the 2007 LCMS convention to seek Christian res-
olutions to all disputes.

Northern Illinois District

8-06

To Discuss Issues with Mutual Respect

WHEREAS, In this fallen world, differences of opinion among
Christians are to be expected; and

WHEREAS, Such differences of opinion might even be welcomed
as an opportunity to carefully review what God’s Word says about
a subject; and

WHEREAS, Our witness to the world is affected by the way we
conduct ourselves when we have a disagreement with a brother or
sister in Christ; and

WHEREAS, The early church provides a model in Acts 15 for set-
tling disputes without resorting to charges and accusations; and

WHEREAS, There are many who have strongly held opinions on
disputed matters in our Synod; and

WHEREAS, All are equally eager to be about the mission of the
Church; and

WHEREAS, An enormous amount of time, energy, and money
has already been expended in debating these matters; and

WHEREAS, Our Synod has committed itself to theological con-
vocations to discuss the disputed matters; therefore be it

Resolved, That everyone involved in discussing these issues
seeks to understand, articulate, and accurately represent the posi-
tion of others with no exaggeration, acrimony, or misrepresenta-
tion; and be it further

Resolved, That the example of Acts 15 and the admonitions of
Matthew 18 be carefully followed in all our disagreements; and be
it finally

Resolved, That we each individually recommit ourselves to
carefully preserving the saving Gospel while at the same time en-
ergetically spreading it.

Michigan District

8-07

Discourage Lawsuits as Means of Conflict Resolution

WHEREAS, There may be times when individuals within the
Synod and its agencies may resort to litigation (civil, property dis-
putes) as a means for protecting their own or the Synod’s assets;
nevertheless, God has clearly stated in 1 Corinthians 6 His intent
that brothers in faith, in the process of resolving disputes among
one another, not utilize lawsuits when resolving such disputes.

If any of you has a dispute with another, dare he take it before the un-

godly 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