LCMS Convention Workbook St. Louis, Missouri — 2007, Page 322

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322 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Therefore, the Synod in the spirit of 1 Corinthians 6 calls upon all par-

ties to a disagreement, accusation, controversy, or disciplinary action
xclusivel n_the tem of reconciliati
and conflict resolution. The use of the Synod’s conflict resolution pro-

cedures shall be th ive and final rem in di

pute. Fitness for Sinisty ane otner theological matters ms be deter

mined within the church. P: ed, in

nature, to follow the procedures as outlined in Bylaw Ten ne

(Bylaw 1.10.1.1) (Emphasis added)

The procedure set forth in the Synod’s dispute resolution
process can involve or include as parties any member of the Synod,
the Synod itself, a district or an organization owned and controlled
by the Synod, persons involved in excommunication or lay mem-
bers of congregations of the Synod holding positions with the
Synod itself or with districts or other organizations owned and con-
trolled by the Synod (Bylaw 1.10.2). Procedures for expulsion of
membership under Article XIII of the Constitution are set forth in
Bylaws 2.14~2.17.

Therefore, all members of the Synod are required to resolve all
matters of dissent or all disputes by the avenues and structures
available to them as set forth in the Constitution and Bylaws of the
Synod without resorting to secular courts and without resorting to
avenues, means, structures, or communications that are foreign or
contrary to the synodical agreements and which are not in harmony
with the polity of the Synod. “We appeal once again to all members
of the Synod to use the channels which the Constitution, Bylaws,
and resolutions of the Synod provide for resolving our differences
without resorting to the organization and continuation of separate
groups” (Opinion Ag. 484, 484A; November, 1973).

Question 2: Does the dissent process set forth in Bylaw 1.8 (Cf.
Bylaw 1.6.2) and/or the dispute resolution process set
forth in Bylaw 1.10 allow dissent or disputes regard-
ing “syncretism and unionism,” “the role and authority
of women in the church,” synodical governance issues
(such as the use of Matthew 18:15 in Bylaws 1.10 and
2.14, the selection of floor committee members, the
dispute process set forth in Bylaw 1.10, “close com-
munion issues and practices,” and the “lay minister
issue”?

Opinion: Members of the Synod in all those issues identified and in

all areas of disagreement and dissent are bound by the provisions of

Bylaw section 1.8. Similarly, members of the Synod in disputing

such issues are bound by the provisions of Bylaw section 1.10.

The dispute resolution procedure as set forth in Bylaw section
1.10 may precisely be used in such disputes:

This procedure is established to resolve, in a God-pleasing manner,
disputes that involve as parties, (1) members of the Synod, (2) the
Synod itself, (3) a district or an organization owned and controlled by
the Synod, (4) persons involved in excommunication, or (5) lay mem-
bers of congregations of the Synod holding positions with the Synod it-
self or with districts or other organizations owned and controlled by the
Synod. It shall be the exclusive remedy to resolve such disputes that in-
volve theological, doctrinal, or ecclesiastical issues except those cov-
ered under Bylaw sections 2.14-2.17 and except as provided in Bylaw
1.10.3. It is applicable whether the dispute involves only a difference
_of opinion without personal animosity or is one that involves ill will
and sin that requires repentance and forgiveness. (Bylaw 1.10.2)

Bylaw 1.10.3 does set forth some exceptions, none of which are
applicable to the question asked, as follows:

This chapter provides evangelical procedures to remedy disputes
only and does not set forth procedures for expulsion from membership
(Constitution Art. XIII and Bylaw sections 2.14-2.17) nor does it set
forth procedures for board of regents’ supervision of faculty and admin-
istration as specified in Bylaws 3.8.2.7.5-3.8.2.7.9 and
3.8.3.8.5—3.8.3.8.9...this chapter does not provide an exclusive remedy
for the following matters, unless such matters involve theological, doc-
trinal, or ecclesiastical issues, including those arising under the divine
call of a member of the Synod:

(a) Disputes concerning property rights (e.g., real estate agreements,
mortgages, fraud, or embezzlement); and

(b) Disputes arising under contractual arrangements of all kinds
(e.g., contracts for goods, services, or employment benefits).

2007 Convention Workbook

It must be noted in regard to dissent and disputes in the Synod
that the procedures set forth for brotherly dissent (Bylaw section
1.8) and dispute (Bylaw section 1.10) are for the purpose of carry-
ing out the objectives of the Synod (Constitution Art. III), espe-
cially objectives 1 and 6:

1. Conserve and promote the unity of the true faith (Eph. 4:3 - 6; 1
Cor. 1.10), work through its official structure toward fellowship
with other Christian church bodies, and provide a united defense
against schism, sectarianism (Rom. 16:17) and heresy;
6. Aid congregations by providing a variety of resources and op-
portunities for recognizing, promoting, expressing, conserving,
and defending their confessional unity in the true faith.

Question 3: Does the dispute resolution process set forth in Bylaw
1.10 allow disputes regarding any alleged wrongdoings
by any officer, board, or commission of the Synod or
allow disputes regarding an[y] alleged violations of the
Synod’s Constitution and Bylaws by any officer,
board, or commission?

Qpinion: Bylaw 1.10 not only allows but requires all members to
use the avenue provided by the Synod to settle disputes as set forth
in Bylaw section 1.10, with the exceptions as set forth in Bylaw
1.10.3. See the answers to both questions one and two above.

Question 4: Do the provisions set forth in Bylaw 3.1 (National
Conventions) allow for correction of any alleged irreg-
ularities or violations of the Synod’s Constitution and
Bylaws by the Synod in convention itself, the conven-
tion floor committees, or by any officer, board, or
commission?

Qpinion: Any and all alleged irregularities or violations of the

Synod’s Constitution and Bylaws committed by the Synod in con-

vention itself, the convention floor committees, or by any officer,

board, or commission can be addressed for correction by the Synod
in convention. Bylaw 3.1.1 states:

The national convention of the Synod shall afford an opportunity
for worship, nurture, inspiration, fellowship, and the communication of
vital information. It is the principal legislative assembly, which amends
the Constitution and Bylaws, considers and takes action on reports and
overtures, and handles appropriate appeals. It establishes general posi-
tions and policies of the Synod, provides overall program direction and
priorities, and evaluates all such positions, programs, policies, direc-
tions, and priorities in order to provide responsible service for and on
behalf of its members...

The broader context of the Constitution and Bylaws also pro-
vides the foundation for the answer to the question asked. Example:

1. The officers of the Synod must assume only such rights as have
been expressly conferred upon them by the Synod, and in every-
thing pertaining to their rights and the performance of their duties
they are responsible to the Synod.

2. The Synod at all times has the right to call its officers to account
and, if circumstances require it, to remove from office i
accordance with Christian procedure.

3. The Synod reserves the right to abolish any office it has estab-
lished. (Art. XI A) (Emphasis added)

2. It is the President’s duty to see to it that all the aforementioned act
in accordance with the Synod’s Constitution, to admonish all who
in any way depart from it, and, if such admonition is not heeded,
to report such cases to the Synod. (Art. XI B) (Emphasis added)

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. It reserves to itself the right to give direction to all offi-
cers and agencies of the Synod. Consequently, all officers and agencies,
unless otherwise specified in the Bylaws, shall be accountable to the
Synod for all their actions, and any concems regarding the decisions of
such officers or agencies may be brought to the attention of the Synod
in convention for appropriate action. (Bylaw 1.4.1) (Emphasis added)

Dissent from doctrinal resolutions and statements is to be expressed

first within the fellowship of peers and then brought to the attention of
the Commission on Theology and Church Relations before finding ex-

pression as an Overture to the convention calling for revision or reci-
sion.... (Bylaw 1.8.2) (Emphasis added)