LCMS Convention Workbook St. Louis, Missouri — 2013, Page 292

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292

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

and teachers are to present their objections to their District
president; professors at synodical institutions, to the president and board of control of their institution, as well as to
the District president of the geographical District in which
the institution is located (cf. Bylaw 1.09 d, adopted in 1973
Resolution 3-02, Proceedings, p. 128); and staff members
to their boards or commissions and any appropriate supervisory staff members.
c.	The Synod has further provided that dissent is to be brought
to the attention of the Commission on Theology and Church
Relations (cf. Bylaw 1.09 e; 1962 Resolution 3-17, Proceedings, p. 106; 1965 Resolution 2-08, Proceedings, p.
96; Council of Presidents Statement incorporated in 1971
Resolution 2-21, Proceedings, p. 119). The Commission on
Theology and Church Relations should make every effort
to express its opinion on the matter in question in ample
time to permit further appeal on the part of the dissenter.
	 The commission’s biennial report to the Synod should
also indicate the opinions it has rendered on all such expressions of dissent, and should include any recommendation
deemed advisable to clarify or correct possible inadequacies in the document under question.
d.	Members of the Synod may submit overtures to the synodical convention in an effort to have the Synod change its
position or recognize the viability of the dissenting opinion.
Bylaw 1.09 e asks that dissent “be expressed first within
the fellowship of peers, 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” (adopted in 1973 Resolution 3-02,
Proceedings, p. 128).
9. From the fact that the Synod has established the aforementioned procedures for expressing and dealing with dissent, it
is clear that the Synod does not intend to impede the fraternal
discussion of doctrinal issues, and that the Synod recognizes
that such discussion may even lead to the revision or correction
of its official doctrinal statements. But it is equally clear that
the Synod, in the interest of doing things decently and in order,
has established the aforementioned procedures for expressing
and dealing with dissent so that the church is not disturbed by
its members engaging in loveless public criticism or disparagement of its official position.
10. In evaluating and dealing with dissent or disagreement which
has been expressed in accordance with the aforementioned
procedures, all supervisory officials and boards, as well as
the Commission on Theology and Church Relations and any
peer groups that may be involved, should always endeavor to
distinguish carefully between formal and substantive dissent,
and to deal with the latter in terms of the Synod’s confessional
base, namely Holy Scripture and the Lutheran Confessions (cf.
Constitution, Article II)…
12. It must be recognized that the process of expressing and dealing with dissent may reveal that the dissenter actually disagrees with the confessional position of the Synod, and not
merely with a formation in a synodical statement of belief.
It is imperative that all members of the Synod be dealt with
fraternally, evangelically, pastorally, and in keeping with the
provisions of the Constitution and Bylaws of the Synod for
the exercise of doctrinal discipline.
13. While it must be recognized that a separation may regretfully
be called for when neither the dissenter nor the Synod is per2013 Convention Workbook

suaded to alter their position, all members of the Synod should
earnestly and frequently invoke the blessing of the Holy Spirit
“that as a result of joint study of the Word of God, the Holy
Spirit will lead the Synod into all truth” and “that the Synod
can speak with a voice that is Scriptural, Gospel oriented, truly
Lutheran, and that will continue to ‘walk together’ as a true
Synod” (1971 Resolution 5-24, Proceedings, p. 165).
2. Proper Dissent and Dispute by Members of the Synod
(05-2444)
In a letter dated September 9, 2005, a series of questions were
addressed to the Commission by five district presidents and two vicepresidents of the Synod regarding whether or not the Synod’s Constitution and Bylaws provide actions available to persons who have
conflict with various actions taken by the Synod in convention or by
duly elected officers of the Synod other than by filing a lawsuit against
the Synod and/or by the use of other avenues that are in violation of
the Constitution and Bylaws of the Synod.
Question 1:	Is it in harmony with the Constitution and Bylaws (1.3,
1.4.1, 1.7, 1.8, 1.10, 3.1.1, and 3.1.6.2) of the Synod for
any member of the Synod or any group within the Synod
as an avenue or form of dissent or dispute to engage
in promoting non-compliance with the resolutions of
the Synod and making charges against the Synod, the
President, and others of the Synod by use of lawsuits,
publications, letters, or meetings and conferences that
are not in keeping with the polity of the Synod as set
forth in the Constitution and Bylaws?
Opinion: No, every member of the Synod (individual and congregation) joins the Synod voluntarily and in doing so agrees to relate
to, live, and serve together with one another (“walk together”) in
harmony with the Constitution and Bylaws:
In joining the Synod, congregations and other members obligate
themselves to fulfill such requirements and to diligently and earnestly
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 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) (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 fellowship 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 harmony with the Constitution and Bylaws) the members of the Synod,
when and where dissent exists, have agreed to and encourage 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 uphold
(emphasis added) means not merely to examine and study them, but
to support, act, and teach in accordance with them until they have