LCMS Convention Workbook St. Louis, Missouri — 2013, Page 294

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294

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

procedures shall be the exclusive and final remedy for those who are
in dispute. Fitness for ministry and other theological matters must
be determined within the church. Parties are urged, in matters of a
doctrinal nature, to follow the procedures as outlined in Bylaw section
1.8. (Bylaw 1.10.1.1) (Emphasis added)
The procedure set forth in the Synod’s dispute resolution process can involve or include as parties any member of the Synod, the
Synod itself, a district or an organization owned and controlled by
the Synod, persons involved in excommunication or lay members of
congregations of the Synod holding positions with the Synod itself
or with districts or other organizations owned and controlled by the
Synod (Bylaw 1.10.2). Procedures for expulsion of membership under
Article XIII of the Constitution are set forth in Bylaws 2.14–2.17.
Therefore, all members of the Synod are required to resolve all
matters of dissent or all disputes by the avenues and structures available to them as set forth in the Constitution and Bylaws of the Synod
without resorting to secular courts and without resorting to avenues,
means, structures, or communications that are foreign or contrary to
the synodical agreements and which are not in harmony with the polity of the Synod. “We appeal once again to all members of the Synod
to use the channels which the Constitution, Bylaws, and resolutions
of the Synod provide for resolving our differences without resorting
to the organization and continuation of separate groups” (Opinion
Ag. 484, 484A; November, 1973).
Question 2: Does the dissent process set forth in Bylaw 1.8 (Cf.
Bylaw 1.6.2) and/or the dispute resolution process set
forth in Bylaw 1.10 allow dissent or disputes regarding “syncretism and unionism,” “the role and authority
of women in the church,” synodical governance issues
(such as the use of Matthew 18:15 in Bylaws 1.10 and
2.14, the selection of floor committee members, the dispute process set forth in Bylaw 1.10, “close communion
issues and practices,” and the “lay minister issue”?
Opinion: Members of the Synod in all those issues identified and in
all areas of disagreement and dissent are bound by the provisions of
Bylaw section 1.8. Similarly, members of the Synod in disputing such
issues are bound by the provisions of Bylaw section 1.10.
The dispute resolution procedure as set forth in Bylaw section
1.10 may precisely be used in such disputes:
This procedure is established to resolve, in a God-pleasing manner,
disputes that involve as parties, (1) members of the Synod, (2) the Synod itself, (3) a district or an organization owned and controlled by the
Synod, (4) persons involved in excommunication, or (5) lay members
of congregations of the Synod holding positions with the Synod itself or
with districts or other organizations owned and controlled by the Synod.
It shall be the exclusive remedy to resolve such disputes that involve
theological, doctrinal, or ecclesiastical issues except those covered under Bylaw sections 2.14–2.17 and except as provided in Bylaw 1.10.3.
It is applicable whether the dispute involves only a difference of opinion
without personal animosity or is one that involves ill will and sin that
requires repentance and forgiveness. (Bylaw 1.10.2)

Bylaw 1.10.3 does set forth some exceptions, none of which are
applicable to the question asked, as follows:
This chapter provides evangelical procedures to remedy disputes
only and does not set forth procedures for expulsion from membership
(Constitution Art. XIII and Bylaw sections 2.14–2.17) nor does it set
forth procedures for board of regents’ supervision of faculty and administration as specified in Bylaws 3.8.2.7.5–3.8.2.7.9 and 3.8.3.8.5–
3.8.3.8.9…this chapter does not provide an exclusive remedy for the
following matters, unless such matters involve theological, doctrinal, or
ecclesiastical issues, including those arising under the divine call of a
member of the Synod:

2013 Convention Workbook

(a) Disputes concerning property rights (e.g., real estate agreements, mortgages, fraud, or embezzlement); and
(b) Disputes arising under contractual arrangements of all kinds
(e.g., contracts for goods, services, or employment benefits).

It must be noted in regard to dissent and disputes in the Synod
that the procedures set forth for brotherly dissent (Bylaw section 1.8)
and dispute (Bylaw section 1.10) are for the purpose of carrying out
the objectives of the Synod (Constitution Art. III), especially objectives 1 and 6:
1. Conserve and promote the unity of the true faith (Eph. 4:3–6;
1 Cor. 1:10), work through its official structure toward fellowship
with other Christian church bodies, and provide a united defense
against schism, sectarianism (Rom. 16:17) and heresy;
6. Aid congregations by providing a variety of resources and opportunities for recognizing, promoting, expressing, conserving, and
defending their confessional unity in the true faith.

Question 3: Does the dispute resolution process set forth in Bylaw
1.10 allow disputes regarding any alleged wrongdoings
by any officer, board, or commission of the Synod or
allow disputes regarding an[y] alleged violations of the
Synod’s Constitution and Bylaws by any officer, board,
or commission?
Opinion: Bylaw 1.10 not only allows but requires all members to use
the avenue provided by the Synod to settle disputes as set forth in
Bylaw section 1.10, with the exceptions as set forth in Bylaw 1.10.3.
See the answers to both questions one and two above.
Question 4: Do the provisions set forth in Bylaw 3.1 (National
Conventions) allow for correction of any alleged
irregularities or violations of the Synod’s Constitution
and Bylaws by the Synod in convention itself, the convention floor committees, or by any officer, board, or
commission?
Opinion: Any and all alleged irregularities or violations of the Synod’s Constitution and Bylaws committed by the Synod in convention
itself, the convention floor committees, or by any officer, board, or
commission can be addressed for correction by the Synod in convention. Bylaw 3.1.1 states:
The national convention of the Synod shall afford an opportunity
for worship, nurture, inspiration, fellowship, and the communication of
vital information. It 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…

The broader context of the Constitution and Bylaws also provides
the foundation for the answer to the question asked. Example:
1. The officers of the Synod must assume only such rights as
have been expressly conferred upon them by the Synod, and in everything pertaining to their rights and the performance of their duties
they are responsible to the Synod.
2. The Synod at all times has the right to call its officers to account and, if circumstances require it, to remove them from office in
accordance with Christian procedure.
3. The Synod reserves the right to abolish any office it has established. (Art. XI A) (Emphasis added)
2. It is the President’s duty to see to it that all the aforementioned
act in accordance with the Synod’s Constitution, to admonish all
who in any way depart from it, and, if such admonition is not heeded, to report such cases to the Synod. (Art. XI B) (Emphasis added)