LCMS Convention Workbook St. Louis, Missouri — 2007, Page 290

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290 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

2. What does the phrase “‘inexpedient as far as the condition of the
congregation is concerned” mean and how is it applied in matters relat-
ing to the right of self-government of LC-MS Congregations?

Response to Question 2: The phrase in question is taken from Arti-
cle VII of the Constitution of the Synod, which states:

In its relation to its members the Synod is not an ecclesiastical gov-
emmment exercising legislative or coercive powers, and with respect to
the individual congregation’s right of self-government it is but an advi-
sory body. Accordingly, no resolution of the Synod imposing anything
upon the individual congregation is of binding force if it is not in ac-
cordance with the Word of God or if it appears to be inexpedient as far
as the condition of the congregation is concerned.

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
VIT:

Congregations together establish the requirements of membership
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. III), which are the
objectives of the members themselves. Thus, while congregations of the
Synod are self governing (Art. VII), they, and also individual members,
commit themselves as members of the Synod to act in accordance with
the synodical Constitution 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 concerned, 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 res-
olutions and consider them of binding force if they are in accordance
with the Word of God and if they appear applicable as far as the condi-
tion of the congregation is concerned. The Synod, being an advisory
body, recognizes the right of the congregation to be the judge of the ap-
plicability of the resolution to its local condition. However, in exercis-
ing such judgment, a congregation must not act arbitrarily, but in ac-
cordance 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 fel-
lowship 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 Com-
mission on Theology and Church Relations before finding expression as
an overture to the convention calling for revision or recission. 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 re-
spected.

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 advisory

2007 Convention Workbook

body.” Historically, four areas of self government have been recog-
nized: (a) The calling of pastors, teachers, etc., from a list of those
accredited by the Synod itself; (b) The owning and maintaining of
congregational property without granting any rights of it to the
Synod; (c) Church discipline; and (d) The administration of a con-
gregation’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-
cemed,” 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
LC-MS congregation but not a member of the LC-MS (i.e., not an or-
dained nor a commissioned minister) waive their individual rights as a
prerequisite for participating in the LC-MS Synodical Dispute Resolu-
tion Process (i.e., Reconciliation, Dispute Resolution Panel, etc.)-even
without individual consent, or in the event that the individual retains/re-
serves their rights to prior to participating in the LC-MS Synodical Dis-
pute Resolution Process?

Response to Question 3: The Commission understands this ques-
tion to relate to a layperson and the effect of the Synod’s dispute
resolution process on such a layperson. Bylaw 8.01 defines the par-
ties involved in a dispute who are subject to the dispute resolution
process. They are:

Members of the Synod.

The Synod itself.

A District of the Synod

An organization owned and controlled by the Synod

Persons involved in excommunication.

Lay members of congregations of the Synod holding positions with
the Synod itself or with Districts or other organizations owned and con-
trolled 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 Constitu-
tion 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,
who are members of congregations that are members of the Synod,
are not themselves members of the Synod. Since such laypersons
are not members of the Synod, they have not agreed to be bound by
the dispute resolution process of the Synod and thus waive none of
their rights by participating in the process.

While laypersons do not meet the technical definition of “mem-
ber of Synod” as defined in the Bylaws, they are nevertheless en-
couraged to participate fully in the synodical dispute resolution
process. Each person or party to a dispute is urged “by the mercies
of God to proceed with one another with ‘the same attitude that
was in Christ Jesus’ (Phil. 2:5)” (Preamble to VIII. Synodical Dis-
pute Resolution, Handbook, p. 125) For the sake of the Gospel
those who are not “members of the Synod” are invited to employ
the means Synod has provided for the resolution of disputes.

4. During LC-MS Synodical Dispute Resolution (Reconciliation,

Dispute Resolution Panel, etc.), does the Congregation retain its nght of

self-government?

Response to Question 4: As stated in Bylaw 8.11, a congregation
retains the right of self-government it has as a member of the

Synod during the dispute resolution process: “The congregation’s
right of self-government shall be recognized.”

5. According to LC-MS Synodical Dispute Resolution Procedure
Rule 27, what are the congregation’s “scriptural responsibilities toward
its member”, and what Scripture verses serve as the basis for the con-

ro

gregation’s “scriptural responsibilities toward its member’?
Response to Question 5: The Synod’s dispute resolution “Rules of
Procedure” were created as a result of 1995 Res. 7-03B, which di-
rected their formulation. Accordingly, the Commission can render
an opinion on any aspect of the resolution that mandated the proce-