LCMS Convention Workbook St. Louis, Missouri — 2013, Page 291

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
members’ ecclesiastical supervisor(s) to use those same Synodestablished procedures to discipline them.
The permissibility under the Constitution and Bylaws of the Synod
for a member or any association or organization of members to advocate not following a bylaw of the Synod has been previously raised.
During a time when the Synod was dealing with a controversy within
the Synod with regard to the certifying, placing, calling, ordaining,
and installing graduates of Seminex, the Commission on Constitutional Matters issued its October 11, 1974 landmark opinion, “An
Analysis of Assertions in Present Controversy.”7 A portion of that
opinion, in answer to a common objection raised at that time, namely,
“Christians are ruled not by laws but by the Gospel,” speaks to this
issue:
There are several ways in which this theme has been stated in denigrating the Constitution and Bylaws of the Synod and thus finally making them of no effect…
So much can be said for the law of God. It has a place in the life
of the Christian. But is there room for human, man-made laws in the
life of Christians together? We submit that there is. Whenever two individuals, even Christian people, enter into a relationship with each
other—whether it be in marriage or in a business partnership or in whatever relationship it may be—certain agreements, rules, contracts, covenants—“laws,” if you will—become necessary. The same is true when
Christians join together as a worshiping and serving community of God
in the world. It is customary for Lutheran congregations to use not only
the Bible and the Lutheran Confessions but also unwritten traditions and
especially written Constitutions and Bylaws as instruments under which
they agree to govern themselves. This is true also of larger federations
of Christians, such as agencies, councils, and synods.
In our Synod we make certain commitments to one another. We
agree what we shall do and how we shall do it and why we shall do it.
These agreements are spelled out in a Constitution, in Bylaws, and in
resolutions. We promise to walk together according to the agreements
that we have made. We pledge one another our word.
Since Christians recognize the law of Christian love as the highest law of human conduct, it governs also our life together within the
Synod. In Christ we love those with whom we have joined hands and to
whom we have given our pledge, and so we keep our word to them. We
carry out our solemn covenants and agreements. To set aside any article
of the Constitution, a bylaw, or even a resolution of the Synod, simply
because in our personal estimation it is not acceptable, means to exalt
our own will above the will of the Synod stated especially in its Constitution and Bylaws. That would be self-seeking, self-righteousness, judgmental, and loveless. This is not the way of Christians with one another.
To be sure, there are genuine instances when conscience is involved.
It may be a conscience instructed by the Word of God or it may be an
erring one. Lutherans are sensitive to the plea of conscience. Lutherans
sometimes forget, however, that Martin Luther placed his great emphasis on the conscience which is informed and instructed by the Word
of God. We need to guard against using conscience as a misnomer for
person desire and opinion. The Synod has always made provision to
respect the genuine demands of conscience. However, the individual
who is troubled in his conscience must also respect the conscience of
those who do not agree with him and be prepared to support his position
from the Word of God. As our teachers have so long pointed out, one
must distinguish carefully between the giving of offense and the taking
of offense. If the Synod were to halt its operations whenever someone
takes offense at its action, the Synod would be paralyzed. To be sure,
the Synod must be on its guard never to give offense. But the individual,
over against the Synod, must also exercise great care that he is truly
governed by love and not by self-interest or self-will.
To bring all this down to the issue with which we are dealing: It is
a breech of Christian love to place self-will above the mutually agreed
upon will of the Synod as it has stated it in its Constitution and Bylaws.

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That 1974 opinion of the commission, while in regard to certifying, placing, calling, ordaining, and installing graduates of Seminex,
applies to any other area of our life together which the Synod has
reserved to itself alone.
On August 29–30, 2009, in answer to a question in reference to
the commission’s earlier Opinion 08-2524 regarding 2004 convention Resolution 3-05A, “Binding Force Resolutions” (whether other
Synod resolutions were equally binding with similar attending disciplinary action), the commission opined:
Opinion 08-2524 is not only applicable to the matter of 2004 convention Resolution 3-05A but to all resolutions, as already stated in the
bylaw quotations included in the opinion:
Under the assumption that 2004 Res. 3-05A is in accordance
with the Word of God, the Synod expects every member congregation of the Synod to respect the resolution and consider it of
binding force (cf. Bylaw 1.7.2). Bylaw 1.6.2 states, “Such resolutions come into being in the same manner as any other resolutions of a convention of the Synod and are to be honored and
upheld until such time as the Synod amends or repeals them”
(emphasis added; cf. also Bylaw 1.8.1). Bylaw 1.7.1 further
states, “The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all congregational and individual
members of the Synod.”

Opinion 08-2524 also referenced 1971 Res. 2-21 which confirmed
the binding nature of such resolutions. In addition to the pertinent
quotes from the 1971 resolution in the above opinion, the convention
resolution also stated, “Meanwhile every member of the Synod is held
to abide by, act, and teach in accordance with the Synod’s resolutions…the Synod has repeatedly declared that all members should
‘honor and uphold’ its resolutions (cf.: 1962, 3-17; 1965, 2-08; 1967,
2-04; 1969, 2-27)…To ‘honor and uphold’ 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”
(1971 Convention Proceedings, p. 119).
In summary, all Synod members, including organizations of
Synod members, must follow the Synod’s bylaws regarding dissent,
dispute resolution, and ecclesiastical supervision. To do otherwise
invites the member’s/members’ ecclesiastical supervisor(s) to use
those same Synod-established procedures to discipline them.
(Adopted Sept. 3–4, 2011)

Notes
1. 8. 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
disseminating doctrinal opinions in such manner and in
such situations as will cause confusion and offense in the
church” (1965 Resolution 2-08, Proceedings, p. 96).
	It is expected that pastors and teachers will discuss their
objections and concerns with 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.
b.	With reference to statements of belief, the Synod has requested “that those who disagree with these formulations
in part or in whole be held to present their objections to
them formally to those officials whom the Synod has given
the immediate supervision of their doctrine (1971 Resolution 5-24, Proceedings, p. 165). This means that pastors
2013 Convention Workbook