LCMS Convention Workbook St. Louis, Missouri — 2013, Page 293

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
been shown to be contrary to God’s Word.” Honoring and upholding
the resolutions of the Synod means that the dissenter is not to preach,
teach, disseminate, or promote any position contrary to the position
of the Synod nor engage in loveless public criticism nor to degrade,
belittle, or depreciate the position of the Synod while dissenting.” In
regard to violation of then-Bylaw 2.39 c (current Bylaw 1.8.1), a 1993
Commission on Constitutional Matters opinion (Ag. 1956) regarding
doctrinal dissent stated: “Doctrinal discipline must be exercised in the
case of the pastor who teaches contrary to the position of the Synod…”
And in a Commission opinion of October 23, 1996 (Ag. 2048):
…the dissenter is not free to teach the dissenting view…to so teach
publicly that the position of the Synod is contrary to the Scriptures
would be to elevate a matter of human opinion to the level of Scriptural
doctrine—which from the viewpoint of the Synod would be contrary
to the Scriptures…If permitted to do so, every member of the Synod
would have the right to determine which of the positions of the Synod in
similar matters it wished to accept and which to reject.

II. “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).
The “dissent from doctrinal resolutions and statements” is first of
all expressed within the “fellowship of peers.” A 1969 commission
opinion on “dissenting groups” is helpful in understanding a partial
background of the current bylaw:

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Brotherly and formal dissent should not be confused with the
wholesome need to discuss differing viewpoints, to have frank and
open discussions, and to always examine and review all positions and
resolutions of the Synod. A 1969 Commission opinion (“Dissenting
Groups”) stated:
In 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 for their peers. Frank and open
discussion, carried on in a spirit of Christian love and forbearance,
must be part of our life together in the Synod. It can be proper and
salutary…It is within the context of the Synod—the forums, channels,
and procedures which the Synod itself establishes—that differing
viewpoints need to be discussed and an issue finally decided. Continuing dialogue beyond the point of decision must also be carried on
within the same synodically agreed upon framework and in deference
to the majority will. (Emphasis added)
More recently, the Commission’s Opinion 03-2328 also addressed
the subject:
As a part of life together in the Synod, members have the responsibility to continually examine and reexamine their confession (symbols,
doctrinal statements, and resolutions) to determine if they are faithful to
the Holy Scriptures. Members have a never-ending task of testing everything 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
readdressed 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
procedures set forth in the Bylaws, particularly Bylaws 1.09 and 2.39
[now Bylaws 1.6, 1.7, and 1.8].

The Synod has provided for forums in which such differences can be
discussed and evaluated beyond the confines of the local congregation.
The pastors and teachers conferences; the circuit meetings; the synodical and district board, commission, and committee meetings; the doctrinal supervision and appeals procedures; and above all the conventions
of the districts and of the Synod provide the proper channels through
which the issues of opinion and judgment are to be discussed and decided…If additional channels for discussion are needed the Synod can provide for the same in its Bylaws through appropriate convention action.

“The collective will of the Synod” (Bylaw 1.8.2) is established and
expressed through the Synod in convention and not by individuals
or groups within or outside of the Synod, nor through the courts or
unofficial publications, letters, meetings, and conferences:

In a report of the Commission on Theology and Church Relations,
November, 1973, “Guiding Principles for the Use of ‘A Statement
of Scriptural and Confessional Principles’ with Special Reference to
the Expression of Dissent,” the “fellowship of peers” is explained
this way:

[The convention] 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 positions and policies of the Synod, provides overall program
direction and priorities, and evaluates all such positions, programs, policies, directions, and priorities in order to provide responsible service for
and on behalf of its members. (Bylaw 3.1.1)

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 positions 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 in 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.

Then the dissent is brought to the attention of “the Commission
on Theology and Church Relations” before finding expression as “an
overture to the convention.” This, together with the expression of dissent within the fellowship of peers, gives the dissenter the privilege
and responsibility to advise and persuade or convince the “fellowship
of the Synod” on the basis of the power of the Word of God and in
an orderly harmonious way.

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. (Bylaw 1.4.1)

Bylaw 3.1.6.2 sets forth how overtures may be submitted to the
convention so that the collective will of the Synod can be established
and expressed.
DISPUTE
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 disputes exist, are required, subject to limited exceptions, to use the avenue provided by the Synod to settle disputes, as
set forth in Bylaw section 1.10, “Dispute Resolution of the Synod,”
which in part states:
The Holy Scriptures (1 Cor. 6:1–7) urge Christians to settle their
differences by laying them before the “members of the brotherhood.”
Therefore, the Synod in the spirit of 1 Corinthians 6 calls upon all parties to a disagreement, accusation, controversy, or disciplinary action
to rely exclusively and fully on the Synod’s system of reconciliation
and conflict resolution. The use of the Synod’s conflict resolution

2013 Convention Workbook