LCMS Convention Workbook St. Louis, Missouri — 2007, Page 321

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 321

promote the purposes of the Synod by word and deed. 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 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 Con-
Stitution and Bylaws of the Synod 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 1.3.4) (Emphasis
added)

DISSENT

I. “While retaining the right of brotherly dissent, members of the
Synod are expected as part of the life together within the fellow-
ship of the Synod to honor and uphold the resolutions of the
Synod” (Bylaw 1.8.1).

In their agreement to live and work together in harmony (in har-
mony with the Constitution and Bylaws) the members of the
Synod, when and where dissent exists, have agreed to and encour-
age the right of brotherly dissent. Dissent that is “brotherly” will
always regard another as a brother or being in a “brotherhood” (Cf.
reference to “brotherhood” in Bylaw 1.10.1.1) and will treat and
relate to others in the “fellowship” as brothers.

1971 convention Resolution 2-21 explains: “To honor and up-
hold (emphasis added) means not merely to examine and study
them, but to support, act, and teach in accordance with them until
they have been shown to be contrary to God’s Word.” Honoring
and upholding the resolutions of the Synod means that the dissenter
is not to preach, teach, disseminate, or promote any position con-
trary to the position of the Synod nor engage in loveless public crit-
icism nor to degrade, belittle, or depreciate the position of the
Synod while dissenting.” In regard to violation of then-Bylaw 2.39
c (current Bylaw 1.8.1), a 1993 Commission on Constitutional Mat-
ters opinion (Ag. 1956) regarding doctrinal dissent stated: “Doctri-
nal discipline must be exercised in the case of the pastor who
teaches contrary to the position of the Synod....” And in a Com-
mission opinion of October 23, 1996 (Ag. 2048):

’ ,..the dissenter is not free to teach the dissenting view. ..to so teach
publicly that the position of the Synod is contrary to the Scriptures
would be to elevate a matter of human opinion to the level of Scriptural
doctrine—which from the viewpoint of the Synod would be contrary to
the Scriptures...If permitted to do so, every member of the Synod
would have the right to determine which of the positions of the Synod in
similar matters it wished to accept and which to reject.

II. “Dissent from doctrinal resolutions and statements is to be ex-
pressed first within the fellowship of peers and then brought to the
attention of the Commission on Theology and Church Relations
before finding expression as an overture to the convention calling
for revision or recision. 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 respected” (Bylaw 1.8.2).

The “dissent from doctrinal resolutions and statements” is first
of all expressed within the “fellowship of peers.” A 1969 Commis-
sion opinion on “dissenting groups” is helpful in understanding a
partial background of the current bylaw:

The Synod has provided for forums in which such differences can
be discussed and evaluated beyond the confines of the local congrega-
tion. The pastors and teachers conferences; the circuit meetings; the
synodical and district board, commission, and committee meetings; the
doctrinal supervision and appeals procedures; and above all the conven-
tions of the districts and of the Synod provide the proper channels
through which the issues of opinion and judgment are to be discussed
and decided...If additional channels for discussion are needed the
Synod can provide for the same in its Bylaws through appropriate con-
vention action. ’

In a report of the Commission on Theology and Church Rela-
tions, November, 1973, “Guiding Principles for the Use of ‘A
Statement of Scriptural and Confessional Principles’ with Special
Reference to the Expression of Dissent,” the “fellowship of peers”
is explained this way:

The Synod’s established procedures for registering dissent with its
doctrinal statements include the following: a. “That we call upon those
who teach publicly in the church (pastors, teachers, and professors) to

test their findings and opinions with their peer groups before presenting
them to the church at large and to refrain in brotherly love from dissem-
inating doctrinal positions in such manner and in such situations as will
cause confusion and offense in the church” (1965 Resolution 2-08, Pro-
ceedings, p. 96). It is expected that pastors and teachers will discuss
their objections and concerns in their conferences, that professors will
discuss such matters with their teaching and administrative colleagues,
and that staff members will discuss their objections with their boards
and other staff persons.

Then the dissent is brought to the attention of “the Commission
on Theology and Church Relations” before finding expression as
“an overture to the convention.” This, together with the expression
of dissent within the fellowship of peers, gives the dissenter the
privilege and responsibility to advise and persuade or convince the
“fellowship of the Synod” on the basis of the power of the Word of
God and in an orderly harmonious way.

Brotherly and formal dissent should not be confused with the
wholesome need to discuss differing viewpoints, to have frank and
open discussions, and to always examine and review all positions
and resolutions of the Synod. A 1969 Commission opinion (“Dis-
senting Groups”) stated:

In this opinion the Commission is not attempting to limit the right of
individuals to speak their own minds. Before and after the passage or re-
jection of synodical resolutions individuals must be free to express their
concerns, especially for their peers. Frank and open discussion, carried
on in a spirit of Christian love and forbearance, must be part of our life
together in the Synod. It can be proper and salutary....It is within the
context of the Synod—the forums, channels, and procedures which the
Synod itself establishes—that differing viewpoints need to be discussed
and an issue finally decided. Continuing dialogue beyond the point of
decision must also be carried on within the same synodically agreed
upon framework and in deference to the majority will. (Emphasis
added)

More recently, the Commission’s Opinion 03-2328 also ad-
dressed the subject:

As a part of life together in the Synod, members have the responsi-
bility to continually examine and reexamine their confession (symbols,
doctrinal statements, and resolutions) to determine if they are faithful
to the Holy Scriptures. Members have a never-ending task of testing
everything that the Synod believes, teaches, and practices to see if they
are in accordance with the Word of God. If there are issues that need
to be readdressed or issues that are considered by the members of the
Synod that have not yet been addressed, any action is to be governed
by the procedures set forth in the Bylaws, particularly Bylaws 1.09 and
2.39 [now Bylaws 1.6, 1.7, and 1.8].

“The collective will of the Synod” (Bylaw 1.8.2) is established
and expressed through the Synod in convention and not by individ-
uals or groups within or outside of the Synod, nor through the
courts or unofficial publications, letters, meetings, and conferences:

The delegate convention of the Synod is the legislative assembly
that ultimately legislates policy, program, and financial direction to
carry on the Synod’s work on behalf of and in support of the member
congregations. (Bylaw 1.4.1)

[The convention] is the principal legislative assembly, which
amends the Constitution and Bylaws, considers and takes action on re-
ports and overtures, and handles appropriate appeals. It establishes gen-
eral positions and policies of the Synod, provides overall program direc-
tion and priorities, and evaluates all such positions, programs, policies,
directions, and priorities in order to provide responsible service for and
on behalf of its members. (Bylaw 3.1.1)

Bylaw 3.1.6.2 sets forth how overtures may be submitted to the
convention so that the collective will of the Synod can be estab-
lished and expressed.

DISPUTE

In their agreement to live and work together in harmony (in har-
mony with the Constitution and Bylaws) the members of the
Synod, when and where disputes exist, are required, subject to lim-
ited 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 dif-
ferences by laying them before the “members of the brotherhood.”

2007 Convention Workbook