LCMS Convention Workbook St. Louis, Missouri — 2007, Page 324

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324 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

If there is a controversy or unresolved problem concerning the
matter at issue in the congregation prior to the verdict of excom-
munication, Bylaw 4.4.6 sets forth a procedure for the district pres-
ident to arrange for a visit or an investigation in a congregation:
“The district president, even without formal request therefor, may
through the proper channels arrange for an official visit or investi-
gation when a controversy arises in a congregation or between two
or more congregations of the district or when there is evidence of a
continuing unresolved problem in doctrine or practice.”

Adopted Nov. 28-29, 2005
Procedure for Dissent (05-2451)

In a letter dated November 7, 2005, a series of questions were
addressed to the Commission by a district president of the Synod
regarding how an individual should proceed with issues of dissent
after he has discussed the matter with his peers and forwarded them
on to the Commission on Theology and Church Relations.

Question 1: Is a pastor in the process of dissent according to Bylaw
1.8 of the 2004 Handbook of The Lutheran Church—
Missouri Synod required to wait for a response from
the Commission on Theology and Church Relations
before developing an overture with his congregation to
be presented at a convention of the Synod?

Opinion: No. Bylaw 1.8.2 states:

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 called 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 re-
spected.

There is no requirement in the Bylaws that requires a pastor to
wait for a response from the Commission on Theology and Church
Relations before proceeding to develop an overture with his con-
gregation. The only requirement in the Bylaws is that, before an
overture is submitted to the convention calling for revision or reci-
sion, the dissent will have previously been brought to the attention
of the Commission on Theology and Church Relations.

Question 2: When a pastor is in the process of dissent from doctri-
nal resolutions and statements, what are the bylaw pro-
visions for a pastor to submit “an overture to the con-
vention calling for revision or recision? (Bylaw 1.8.2)

Bylaw 3.1.6.2 states:

Overtures to a convention of the Synod may be submitted only by a
member congregation of the Synod; a convention or board of directors
of a district; an official district conference of ordained and/or commis-
sioned ministers; the faculty of an educational institution of the Synod;
the Board of Directors of the Synod; a board or commission of the
Synod listed in Bylaws 3.2.2, 3.2.2.1, 3.2.3, and 3.2.3.1; a committee
established by a prior convention; or a forum of a circuit.

There are no bylaw provisions allowing a pastor or a circuit pas-
toral conference to submit an overture to a convention. Only enti-
ties identified in Bylaw 3.1.6.2 are allowed to submit overtures to a
convention. While under Bylaw section 1.8 any member of the
Synod may express dissent from doctrinal resolutions and state-
ments in a manner prescribed by Bylaw 1.8.2, only those entities
listed in Bylaw 3.1.6.2 may present an overture to a convention of
the Synod.

Question 3: Is a pastor who is in the process of dissent according to
Bylaw 1.8 of the 2004 Handbook of The Lutheran
Church—Missouri Synod in conflict with the Constitu-
tion of The Lutheran Church—Missouri Synod if he
discusses his issues of dissent with anyone except his
peers? If it is in violation of the Constitution to do so,
how does he discuss this matter with his congregation
to encourage them to write an overture to present to
the floor committee of the district or Synod for the pur-
pose of it becoming a resolution? If it is not in viola-
tion, how is it appropriate for him to discuss this matter
with his congregation and still be in compliance with
Bylaw 1.7 of the Handbook?

2007 Convention Workbook

Opinion: A pastor who is in the process of dissent according to
Bylaw section 1.8 is not in conflict with the Synod’s Constitution
and Bylaws if he discusses his issues of dissent with his congrega-
tion. The formal process of dissent should be considered separate
and distinct from the right or privilege to discuss different view-
points with his congregation. As stated in the October 16, 1969
opinion of the Commission on Constitutional Matters, ““An Opinion
Regarding Dissenting Groups and Activities Within the Synod”:
Christians as well as non-Christians expect differences of opinion
and judgment to arise when people walk logether. The Synod has pro-
vided for forums in which such differences can be discussed and evalu-

ated beyond the confines of the local congregation... When the majority

has been determined it must be respected. Otherwise life together

(synod) becomes all but impossible. Discussion may indeed continue;

but it needs to be carried on with full respect for the majority will and

within the forums established by the Synod for the preservation of syn-
odical unity...{n this opinion the Commission is not attempting to limit
the right of individuals to speak their own minds. Before and after the
passage or rejection of synodical resolutions individuals must be free
to express their concerns, especially to their peers. Frank and open dis-
cussion carried on in_a spirit of Christian love and forbearance must be

a part of our life together in the Synod... (Emphasis added)

Opinion 03-2328 of the Commission states in addition:

As 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 Holy Scriptures. Members have a never-ending task of testing every-
thing 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 ad-
dressed 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 proce-
dures set forth in the Bylaws, particularly Bylaws 1.09 and 2.39 [current
Bylaws 1.6, 1.7, 1.8].

Therefore, a pastor in the process of doctrinal dissent does not
violate his obligation to “honor and uphold the resolutions of the
Synod” (Bylaw 1.8.1) by discussing a doctrinal issue with mem-
bers of his congregation in preparation of an overture to be submit-
ted to a convention. While a dissenter is not “free to teach the dis-
senting view...” (see Opinion Ag. 2048, October 23, 1996), he is
free to “have frank and open discussions and to always examine
and review all positions and resolutions of the Synod” (see Opinion
05-2444), especially with members of his congregation. There is a
distinction between discussion of doctrinal issues and the teaching
of doctrine contrary to the position of the Synod. While therc is
freedom to discuss doctrinal issues, “[a] member dissenting...must
follow the doctrine of the Synod and its doctrinal resolutions pend-
ing the outcome of the process...A member who dissents according
to the procedures outlined...may not be charged with false doctrine
while such procedures are being followed” (see Opinion 00-2203).

And further, while it is appropriate and responsible for a pastor
to discuss the issues or the matter with his congregation as well as
together consider, prepare, and submit an overture to the conven-
tion of the Synod, it is expected that, in doing so, both the pastor
and the congregation “honor and uphold the resolutions of the
Synod,” respect the “consciences of others,” and respect the “‘col-
lective will of the Synod” in word and deed, in keeping with Bylaw
sections 1.7 and 1.8. In this regard, see also Opinion 05-2444, also
rendered at the time of this opinion.

Adopted Nov. 28-29, 2005

Clarification of Bylaw 1.5.9 Term “Agency” (05-2426)

In a memo to the Secretary of the Synod dated May 23, 2005,
the Executive Director of the Synod’s Department of Human Re-
sources asked the Commission for a clarification of Bylaw 1.5.9
and its use of the term “agency.”

Question: Bylaw 1.5.9 (2004 Handbook) reads: “Every agency of
the Synod shall operate under the human resources poli-
cies of the Synod. Such policies may recognize the
unique character of the operations of each.” This bylaw
substitutes the word “agency” for the wording “board,
commission, and synodwide corporate entity” of its pre-
decessor Bylaw 3.69 e (2001 Handbook). Does this