LCMS Convention Workbook St. Louis, Missouri — 2007, Page 266

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266 SYNOD STRUCTURE AND GOVERANCE

and misleading in its apparent contradiction of the Large Cate-
chism’s explanation of the Eighth Commandment; and

WHEREAS, There are other inconsistencies in the procedures
specified by Res. 8-01 A, which have now been incorporated in the
LCMS Handbook, contrary to the articulated principles of the floor
committee that drafted the resolution; for example, although “‘ec-
clesiastical supervision” has been precisely defined (Bylaw 1.2.1
{f]), and a member of Synod ‘“‘shall be under the ecclesiastical su-
pervision of the president of the district through which member-
ship in the Synod is held” (Bylaw 2.12.1), and “decisions regarding
possible expulsion of membership or disputes should be handled
as close as possible to the problem” (2004 Proceedings, p. 162),
and “those elected to {ecclesiastical supervision] are to supervise”
(Proceedings, p. 162), nevertheless, the member’s own ecclesiasti-
cal supervisor is often removed from the process, while other indi-

viduals far removed from the problem and not responsible for the .

member are inserted into the process (cf. Bylaws 2.14.5, 2.14.7.2,
and 2.14.8 {a]); and

WHEREAS, Except in “cases involving sexual misconduct or
criminal behavior” (cf. Bylaw section 2.17), “participation in the
process of ecclesiastical supervision and dispute resolution is lim-
ited to members of Synod” (2004 Proceedings, p. 163), whereas
previously “the complaint of ‘any person’” was sufficient “to set
action in motion” (Proceedings, p. 161), which means, therefore,
that now only “ministers of religion” and congregations of the
Synod (LCMS Constitution, Art. V) may engage the process; thus,
the laity have been disenfranchised from participation in this
process, without any explanation as to why this was a desirable
change in polity; and .

WHEREAS, It is unclear as to how even a member congregation
would be able to follow the process that has now been established
by Res. 8-O01A, since no explanation or instruction has been pro-
vided as to how a congregation as such may engage in a personal
“face-to-face” meeting with the accused, as per the oft-cited Matt.
18:15 (cf. Bylaw 2.14.3 {c]); and

WHEREAS, It seems unwise, and even likely to encourage civil
law suits, to allow the sole discretion of a complaint to be the re-
sponsibility of any one man, especially in cases involving sexual
misconduct or criminal behavior (Bylaw 2.17.5.2.; cf. the flow-
charts in 2004 Today’s Business, pp. 159-164); and

Wuereas, Resolution 8-01 A seems to have introduced an epis-
copal and hierarchical polity to the LCMS, without any forthright
discussion as to whether such an unprecedented change would be
appropriate or desirable; for example, the district presidents and the
President of the Synod are given the sole responsibility of initiating
the process of ecclesiastical supervision and dispute resolution, as
well as the sole responsibility of administering the process and
the sole responsibility of considering appeals and concluding the
process (cf. the flowcharts provided in 2004 Today's Business,
pp. 159-164; and the explanation given in 2004 Convention Pro-
ceedings, p. 164); what is more, separate procedures have been
established for “Expulsion of a District President or Officer from
Membership in the Synod” (Bylaw section 2.15) and for “Expul-
sion of a President of the Synod from Membership in the Synod”
(Bylaw section 2.16) that were “made purposely difficult” (Pro-
ceedings, p. 165); and

WHEREAS, It is similarly questionable that any opinion sought
and received from the CCM or the CTCR, in the course of the
process of ecclesiastical supervision and dispute resolution, be-
comes binding upon the process and must be followed (Bylaw
2.14.7.7 [k]); therefore be it

Resolved, That the Indiana District of The Lutheran Church—
Missouri Synod petition the Synod in convention in 2007 to rescind
Res. 8-01 A of the 2004 LCMS convention, along with the consequent
Handbook revisions; to resubmit the entire question of ecclesiastical
supervision and dispute resolution to the Synod’s Commission on
Structure; and to have new legislation pertaining to these matters
drafted in conformity with the Synod’s confessional standard.

Indiana District; Central [linois District

8-22
To Rescind 2004 Res. 8-01A

Rationale

How we speak, act, and deal with one another as brothers and
sisters in Christ is to be normed and ruled by the Word of God.
Res. 8-01A of the 2004 LCMS convention has spoken beyond what
the Word of God actually says in its interpretation of Matt. 18:15.
Although this resolution, now incorporated into the Synod’s By-
laws, seeks to promote unity and reconciliation, it cannot, for it
holds to a faulty interpretation of the Word of God. Reconciliation
based upon erroneous interpretations of the Word of God cannot
stand.

WHEREAS, Res. 8-01A now incorporated into the Synod Bylaws
states, in part, that “before any matter is submitted to the formal
reconciliation process, the parties involved in a dispute must meet
together, face-to-face, in a good faith attempt to settle their dispute
according to the scriptural mandate of Matt. 18:15” (Bylaw 1.10.5):

“If Bylaw 1.10 applies, the district president shall require the com-
plainant to carry out the mandate of Matt. 18:15 face-to-face with the re-
spondent if the complainant has not already done so as set forth above.
The reputation of all parties is to be protected as commanded in the
Eighth Commandment” (Bylaw 1.10.5 [c]).

“If Bylaw section 2.14 applies, the district president shall assure that
the accuser has carried out the guidelines of Matt. 18:15 face-to-face
with the accused. Even if the alleged violation is considered ‘public,’
this provision of Matt. 18:15 is to be followed. The reputation of all par-
ties is to be protected as commanded in the Eighth Commandment”
(Bylaw 2.14.3 [c]).

and

WHEREAS, It is clear from the Holy Scriptures that Res. 8-O1A
expresses an erroneous understanding of Matt. 18:15. The procla-
mation of Jesus in Matt. 23:1-9 and Luke 13:11-17; the proclama-
tion of St. John the Baptizer in Matt. 3:7—10; the rebuke of St. Peter
by St. Paul in Gal. 2:11-21; and St. Paul’s condemnation and call
for excommunication of the sinful man in 1 Cor. 5:1-3 all clearly
show our Lord’s and His servants’ practice of dealing with public
sin; and

WHEREAS, While a face-to-face meeting may be helpful, Scrip-
ture does not mandate a prior face-to-face meeting; and

WHEREAS, To interpret Matt. 18:15 as a mandate for a face-to-
face meeting in the case of public sin is to speak beyond what the
text of Holy Scripture actually says, since the text literally states,
“between you and him alone” and does not use the word “face.”
For the resolution and bylaw to state that a face-to-face meeting is
a provision of Matt. 18:15 does not hold based simply on a plain
reading of the words of the passage; and

WHEREAS, Res. 8-01A is in contradiction to the Large Cate-
chism that confesses the true understanding of public condemna-
tion of public sin in a straightforward manner in the explanation to
the Eighth Commandment, “all of this refers to secret sins. But
where the sin is so public that the judge and everyone else are
aware of it, you can without sin shun and avoid those who have
brought disgrace upon themselves, and you may also testify pub-
licly against them. For when something is exposed to the light of
day, there can be no question of slander or injustice or false wit-
ness. For example, we now censure the pope and his teaching,
which is publicly set forth in books and shouted throughout the
world. Where sin is public, appropriate public punishment should
follow so that everyone may know how to guard against it” (Kolb-
Wengert 1.284); therefore be it

Resolved, That the 2007 LCMS convention rescind Res. 8-O1A
and its subsequent changes to the Synod’s Bylaws; and be it fur-
ther

Resolved, That the Northern Illinois District East Region Pas-
toral Conference submit this overture to the 2007 LCMS conven-
tion for action.

East Region Pastoral Conference
Northern Illinois District