LCMS Convention Workbook St. Louis, Missouri — 2013, Page 284

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284

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

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 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 Constitution 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)
The Constitution, Bylaws, and all other rules and regulations of the
Synod apply to all congregation and individual members of the Synod.
(Bylaw 1.7.1)
The Synod expects every member congregation of the Synod to respect its resolutions and to consider them of binding force if they are in
accordance with the Word of God and if they appear applicable as far
as the condition of the congregation is concerned. The Synod, being an
advisory body, recognizes the right of a congregation to be the judge
of the applicability of the resolution to its local condition. However, in
exercising such judgment, a congregation must not act arbitrarily, but
in accordance with the principles of Christian love and charity. (Bylaw
1.7.2)

The Synod and its congregations recognize that disagreements
exist. The Synod (and thereby also its congregations) honors the right
of all members to dissent, but requires as part of the mutual covenants
of love that such dissent occur as provided in Bylaw section 1.8,
“Dissent”:

avoid the need to resort to the civil courts. As indicated in Opinion
09-2573 of this Commission on Constitutional Matters of the Synod:
It should also be noted that it is an act of congregational self-governance when a congregation elects to join the Synod. In exercising its
self-government, a congregation which voluntarily joins the Synod and
subscribes to its Constitution thereby agrees to be bound by all the provisions of the Synod’s Constitution as long as it retains its membership
in the Synod. The congregation thereby limits or subordinates the subsequent exercise of its intrinsic right of self-government, if necessary, in
all matters explicitly addressed by the Synod’s Constitution.

The specific issue of internal disputes in a congregation is an area
expressly dealt with in the Synod’s covenants of walking together.
The Synod and its individual congregations have recognized that the
civil courts, using “neutral principles of law” analyses, are unable
to resolve internal disputes on doctrinal grounds, and that neither a
pure “congregational” nor pure “hierarchical” Synod structure exists. The Synod and its member congregations have attempted over
the years to provide mechanisms to resolve such internal disputes in
a God-pleasing manner. Attached to this opinion is a copy of 1983
convention Resolution 5-10A and the commentary published by action of the convention regarding the resolution. The two provisions
of that resolution most applicable here are as follows:

While retaining the right of brotherly dissent, members of the Synod
are expected as part of the life together within the fellowship of the
Synod to honor and uphold the resolutions of the Synod. (Bylaw 1.8.1)

Resolved, That the Synod acknowledges that under the definition
and application of the word “hierarchical” in civil law there are aspects
in the relationships within the Synod between and among congregations
(e.g., Article II, Confession; the calling of certified and endorsed pastors
only; agreements to abide by adjudicatory procedures and their final
determinations) which under civil law may imply, express, or evidence
what the courts regard as hierarchical dimensions; And be it further

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 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)

Resolved, That, believing that Scripture (1 Cor. 6) requires that we
make every effort to avoid disputes or to resolve them internally when
they do arise, of the two constitutional methods for resolving church
disputes by the civil courts, the Synod favors the “neutral principles of
law” method whenever it can be applied, and that when neutral principles cannot be applied to resolve a particular controversy, the Synod
declares that it is able and willing to resolve disputes internally.

One fundamental aspect of these covenants, reaffirmed repeatedly
in resolutions of the Synod, is the requirement that a congregation
be served only by a pastor who is a ministry of religion—ordained
of The Lutheran Church—Missouri Synod, as required by Bylaws
2.5.2 and 2.5.4:
Congregations that are members of the Synod shall call and be
served only by ordained ministers who have been admitted to their
respective ministries in accordance with the rules and regulations set
forth in these Bylaws and have thereby become members of the Synod.
(Bylaw 2.5.2)
Congregations that violate these requirements and persist in such
violation shall, after due admonition, forfeit their membership in the
Synod. (Bylaw 2.5.4)

The employment of a person to serve the congregation as pastor
when the individual does not meet these qualifications is a clear violation of the covenants made by members of the Synod. The district
president has a duty to admonish and reprove and, if not corrected,
take appropriate disciplinary action up to and including expulsion.
Although a congregation is not required as a condition of membership in the Synod to do so, a congregation may in its own governing
documents, deeds, agreements, or other writings establish for itself
how its future disputes—including theological disputes—will be resolved. It may even restrict or prohibit the right of the congregation
to disaffiliate from the LCMS. When a congregation has failed to
provide an alternate mechanism, by joining and remaining a member
of the Synod it has chosen to relinquish aspects of its rights of selfgovernance and to use the Synod’s dispute resolution processes to
2013 Convention Workbook

It is in this context that the authority of a district president to investigate internal congregational disputes under Bylaw 4.4.6 quoted
above must be understood. A congregation may in advance provide
its own chosen method of resolving internal disputes, thereby limiting
the authority of the district president to that of advice, admonishment,
and, if necessary, discipline. But where it has chosen not to do so,
its agreement as a member of the Synod is that such dispute will be
resolved using the Synod’s own processes, especially as to disputes in
the areas of Article II Confession, the calling of certified and endorsed
pastors only, and agreements to abide by adjudicatory procedures
and their final determinations. The dispute resolution processes of
the Synod include that described in Bylaw 4.4.6 and the involvement of the district president as provided in this bylaw. As part of his
ecclesiastical supervision, he may study, counsel, and advise how a
dispute should be settled consistent with the Constitution, Bylaws,
and resolutions of the Synod, thereby settling the dispute or conflict
by presenting, interpreting, and applying the collective will of the
Synod’s congregations.
In becoming a member of the Synod, a congregation also has a
right to disagree with the advice and even direction of its ecclesiastical supervisor and invoke the dispute resolution protections of Bylaw
section 1.10. Insofar as the dispute resolution processes of the Synod
are concerned, the highest adjudicatory body in the Synod as to specific questions of doctrine and practice (short of the Synod itself in
convention) is the Commission on Theology and Church Relations.
The highest adjudicatory body in the Synod as to specific questions
of interpretation of the Synod’s Constitution, Bylaws, and resolu-