LCMS Convention Workbook St. Louis, Missouri — 2013, Page 288

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288

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Ecclesiastical Supervision and Right to Dissent
(11-2589)
In a letter dated April 4, 2011, a pastor of the Synod submitted
background information and questions pertaining to organizations
of members within the Synod as well as individual members and
congregation members of the Synod; the ecclesiastical supervisory
duties of the President, vice-presidents, and district presidents of the
Synod; and several formal related opinions of the Commission on
Constitutional Matters. After inviting and receiving input from involved officers and agencies of the Synod in accordance with Bylaw
3.9.2.2 (b), the commission responded to the questioner as follows.
Among the questions and concerns expressed by the questioner
were issues and concerns outside the authority and responsibility of
the commission to address, because they did not involve interpretation
of the Synod’s Constitution, Bylaws, and resolutions. The questioner
is urged to submit such concerns to his ecclesiastical supervisor and,
as necessary, through the Synod’s processes of ecclesiastical supervision and dispute resolution.
The questioner provided background to the commission regarding
an organization of pastors and lay people called the “Association of
Confessing Evangelical Lutheran Churches” (ACELC), which has
sent out the document “A Fraternal Admonition to Correct Errors of
our Beloved Lutheran Church—Missouri Synod, July 15, 2010” and
other documents. It was this organization’s published documents that
resulted in the concerns of the questioner.
The member asked questions surrounding four primary issues associated with the Constitution, Bylaws, and resolutions of the Synod,
as follows:
Issue 1:
Under the Constitution, Bylaws, and resolutions of the
Synod, must individual members or congregational
members of the Synod follow the dissent procedures of
the Synod if they disagree with or dissent from any of
the Synod’s stated doctrinal resolutions or statements?
Issue 2:

Issue 3:

Issue 4:

Under the Constitution, Bylaws, and resolutions of the
Synod, must individual members or congregational
members of the Synod follow the dispute resolution processes of the Synod if they have a dispute with another
member of the Synod involving theological, doctrinal,
or ecclesiastical issues?
Under the Constitution, Bylaws, and resolutions of
the Synod, what authority does an individual or congregational member of the Synod have in regard to
ecclesiastical supervision in the LCMS?
Under the Constitution, Bylaws, and resolutions of the
Synod, what consequences are there if an individual
member or a congregational member of the Synod disagrees with or dissents from any of the Synod’s doctrinal
resolutions or statements and does not follow the dissent processes of the Synod; and what consequences
are there if an individual member or a congregational
member of the Synod publicizes that another member
of the Synod is not upholding the Synod’s Constitution,
Bylaws, and resolutions, doing so in a manner that does
not honor the dispute resolution process of the Synod;
and what consequences are there if an individual or a
congregational member of the Synod attempt themselves or become a part of an organization which
attempts to usurp the ecclesiastical supervision given

2013 Convention Workbook

to those persons authorized by the Synod to exercise
ecclesiastical supervision?
The commission responded to each of these issues as follows.
		
Issue 1:
Under the Constitution, Bylaws, and resolutions of the
Synod, must individual members or congregational
members of the Synod follow the dissent procedures of
the Synod if they disagree with or dissent from any of
the Synod’s stated doctrinal resolutions or statements?
Opinion: A member of the Synod, individual or congregation, and
any organization of members of the Synod must follow the dissent
procedures of the Synod. All members of the Synod commit to act
in accordance with the Constitution and Bylaws of the Synod. Article XIV of the Constitution states:
The Synod in convention may adopt bylaws that are consistent with
and do not contradict the Constitution of the Synod, which controls and
supersedes such bylaws and all other rules and regulations of the Synod. Bylaws, which may be adopted, revised, or eliminated by a simple
majority vote of a national convention, are binding regulations for the
Synod and its conduct and governance.

Bylaw 1.3.4.1 states:
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 section 1.8 indicates how brotherly dissent from doctrinal
resolutions and statements by members of the Synod must be carried
out. Bylaw 1.8.1 states:
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 1.8.2 states:
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.

The 1973 report of the Commission on Theology and Church Relations, “Guiding Principles for the Use of ‘A Statement of Scriptural
and Confessional Principles, with Special Reference to the Expression
of Dissent,’” was developed to support this procedure.1
The Commission on Constitutional Matters has opined on “Proper
Dissent and Dispute by Members of the Synod” (05-2444) and refers
the questioner and the Synod to that opinion. 2 The Synod has given
the responsibility for determining under which bylaw to proceed to
be that of the ecclesiastical supervision of the district president and
Synod President. The responsibility to determine whether or not members of the Synod or any organization of members have indeed done
what the questioner indicates in his question is that of ecclesiastical
supervision.
The questioner and the Synod are referred also to Question 3 of
Opinion 05-2443:
Question 3: Is it in harmony with the Constitution and above bylaws
of the Synod for any member of the Synod or any groups
within the Synod to teach publicly, publicly advocate,