LCMS Convention Workbook St. Louis, Missouri — 2007, Page 279

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SYNOD STRUCTURE AND GOVERANCE 279

WHEREAS, This ruling contradicts Holy Scripture, which re-
peatedly warns against “‘respect[ing] persons in judgment” (Deut.
1:17; see also Eph. 6:9; Col. 3:25; James 2:1, 9), “making the word
of God of none effect through [human] tradition” (Mark 7:7), and
insists that “we must obey God rather than men” (Acts 5:29); and

WHEREAS, The CCM ruling is incompatible with the Lutheran
Confessions, which (1) teach that “it is not lawful for a human
being to repeal an obligation that is plainly a matter of divine right”
(AC XXVII 24, Kolb-Wengert, p. 85); and (2) deny that texts like
Luke 10:16 and Heb. 13:17 grant ecclesiastical supervisors any au-
thority beyond the Gospel itself (Ap XXVIII 17-21); and

WHEREAS, The CCM ruling in effect changes the Synod Con-
stitution by granting immunity from expulsion to those who do not
comply with the conditions of membership if they have secured the
permission of their ecclesiastical supervisors; and

WuerEAS, A confessionally based Synod cannot endure for long
if its members cease to be held responsible for the words and ac-
tions by which they confess their faith; and

WueREAS, District and Synod presidents can and may grant
their approval to those under their supervision in confidential com-
munications, making it difficult for those who elect them to know
about the immunities they have granted; and

WHEREAS, A Dispute Resolution Panel can and may take into
account extenuating circumstances in which a member of the
Synod has sought the advice of his ecclesiastical supervisor in a
difficult case; therefore be it

Resolved, That the Missouri District memorialize the 2007
LCMS convention to overrule Opinion 02-2296 of the CCM; and
be it further

Resolved, That the Missouri District request the Commission
on Structure to propose a Bylaw to the 2010 convention that ad-
dresses ecclesiastical supervision and responsibility in accordance
with scriptural and confessional principles, not superseding them.

Missouri District; Zion, Moberly, MO

8-55

To Overturn CCM Opinions 02-2296,
02-2320, and 02-2309

WHEREAS, If a member of the Synod were to act contrary to Ar-
ticle XIII of the Synod Constitution but with the approval of his or
her ecclesiastical supervisor (CCM Opinions 02-2296, 02-2320,
02-2309) specifically:

1. “The Constitution and Bylaws of the Synod do not allow or con-
template the expulsion of a member of the Synod on the basis of
an action taken with the full knowledge and approval of the ap-
propriate ecclesiastical supervisor” (02-2296, 02-2320);

2. “Having promised supervision and counsel, the Synod is pre-
cluded from taking any action to terminate the membership of
its member who, when performing his/her official duties, fol-
lows the advice and counsel of the ecclesiastical supervisor des-
ignated by the Synod” (02-2309);

3. “If an act is in fact contrary to Article XIII of the Constitution,
the member who acted cannot be charged since he or she acted
according to the advice of his or her ecclesiastical supervisor”
(02-2309);

preventing a member of the Synod from being called to account

publicly for his or her act, should that become necessary; and

WHEREAS, The ecclesiastical supervisor is not called to account
publicly for the approval of that act; therefore be it

Resolved, That the 2006 Southern Illinois District convention
memorialize the 2007 LCMS convention to overturn the CCM
Opinions 02-2296, 02-2320, and 02-2309.

Southern Illinois District

8-56

To Allow Synod to Discipline Members
for Own Actions

WHEREAS, The CCM, in its opinion, Consequences of Action
Taken Upon Approval of Ecclesiastical Supervisor (02-2296, 02-
2320), stated, “The Constitution and Bylaws of the Synod do not
allow or contemplate the expulsion of a member of the Synod on
the basis of an action taken with the full knowledge and approval of
the appropriate ecclesiastical supervisor”; and

WHEREAS, In its opinion, Ecclesiastical Supervision and Con-
Slict of Interest (02-2309), the CCM similarly stated that “the Synod
is precluded from taking any action to terminate the membership
of its member who, when performing his/her official duties, fol-
lows the advice and counsel of the ecclesiastical supervisor” and,
again, that “the member who acted cannot be charged since he or
she acted according to the advice of his or her ecclesiastical super-
visor”; and

WHEREAS, These opinions could be used to allow a member of
the Synod to violate Scripture, the Confessions, or the Constitution
of The Lutheran Church—Missouri Synod; and

WHEREAS, Members of the Synod should be accountable for
their own actions; therefore be it

Resolved, That the Synod be allowed to discipline and/or ter-

minate the membership of its member who, when performing

his/her duties, violates Scripture, the Confessions, or the Constitu-

tion.
Circuit 27
Northern Illinois District

8-57

To Overrule Three CCM Opinions
re Ecclesiastical Supervision

WHEREAS, The CCM, in its opinion “Consequences of Action
Taken Upon Approval of Ecclesiastical Supervisor” (02-2296; 02-
2320), stated, ‘““The Constitution and Bylaws of the Synod do not
allow or contemplate the expulsion of a member of the Synod on
the basis of an action taken with the full knowledge and approval of
the appropriate ecclesiastical supervisor’; and

WHEREAS, In its opinion “Ecclesiastical Supervision and Con-
flict of Interest” (02-2309), the CCM similarly stated that “the
Synod is precluded from taking any action to terminate the mem-
bership of its member who, when performing his or her official du-
ties, follows the advice and counsel of the ecclesiastical supervi-
sor” and, again, that “the member who acted cannot be charged
since he or she acted according to the advice of his or her ecclesi-
astical supervisor”; and

WHEREAS, These opinions could be used to allow a member of
the Synod to violate the Constitution with impunity and immunity;
and

WHEREAS, Members of the Synod should be accountable for
their own actions; and

WHEREAS, Opinions of the CCM are binding unless and until
“overruled by a convention of the Synod” (Bylaw 3.9.2.2); and

WHEREAS, Many overtures were submitted to the 2004 conven-
tion to overrule these CCM opinions on ecclesiastical supervision;
and

WHEREAS, These overtures were not brought forward for con-
sideration by the 2004 Convention; and

WHEREAS, The Missouri District, for example, at its 2006 con-
vention (Res. 2-03) once again has memorialized the Synod to
overrule one of these CCM opinions; therefore be it

Resolved, That the Synod overrule CCM Opinions 02-2296, 02-
2320, and 02-2309.

St. Matthew, Bonne Terre, MO; Faith In Christ, Portales, NM