LCMS Convention Workbook St. Louis, Missouri — 2013, Page 290

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290

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
8. The protection of pastors, teachers, and congregations
in the performance of their duties and the maintenance of their
rights.
The Synod was organized and is maintained to carry out these
objects. The congregations, pastors, and teachers who by their own
free decision have joined the Synod have done so with the determination that the important functions described in Article III (and we
would stress especially Objects 1, 7, and 8 in view of the questions
which have been raised) should be carried out by the Synod. Any
assumption of these responsibilities by secret or open, voluntary or
auxiliary, new or established groups is disruptive of the synodical
purpose and cannot be tolerated.
Christians as well as non-Christians expect differences of opinion and judgment to arise when people walk together. 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. In the absence of a clear word of God issues
must be decided by the majority principle, applied in Christian love
and with Christian restraint (Article VIII C). When the majority will
has been determined, it must be respected. Otherwise life together
(synod) becomes all but impossible. Discussion may indeed continue; but it needs to be carried on with full respect for the majority
will and within the forums established by the Synod for the preservation of the synodical unity. If additional channels for discussion
are needed the Synod can provide for the same in its Bylaws through
appropriate convention action.
It is incongruous for separate groups to organize for the purpose
of policing the members of the Synod; it is equally incongruous for
groups to organize for the purpose of either shaping or nullifying
a decision in an area of concern in which the Synod has reserved
to itself the right of making decisions. Where the Synod has not
reserved this right to itself (e.g., the decision to establish orphanages, high schools, old folks homes, hospitals), congregations and
individuals have the right to effect an organization so long as its
objectives and operations do not interfere with the purposes and
functions of the Synod. However, where the Synod has reserved this
right to itself (e.g., the administration of its colleges and seminaries; the supervision of doctrine; the declaration of fellowship with
other church bodies), congregations and individuals have no right
under the Constitution of the Synod without the express approval of
the Synod to effect organizations to achieve purposes for which the
Synod itself exists or to carry on activities which rightfully belong
to the duly elected or appointed officials of the Synod. Under these
circumstances such organizations become divisive and schismatic
and therefore subversive of the very purposes of the Synod.

Accordingly, and in response to the question submitted to the
Commission, it is not in harmony with the Constitution and Bylaws
of the Synod for a member of the Synod or an unofficial group within
the Synod to assume such responsibilities as the Synod has reserved
for itself in its stated objectives, “which are the objectives of the
members themselves” (Bylaw 1.3.4).
The Synod, an “association of self-governing Lutheran congregations” (Bylaw 1.2.1 [v]), established its church polity under the
Scripture and Lutheran Confessions in order to subscribe (accept
without reservation) collectively to and apply the Scripture and Lutheran Confessions together in unity. Although de jure humano, the
Constitution, Bylaws, and other rules and regulations of the Synod
are not to be regarded as opposed to Holy Scripture and the Lutheran
Confessions. The Constitution and Bylaws of the Synod are not an
antithesis to Holy Scripture and the Lutheran Confessions. These are
agreements under Holy Scripture by Christian brothers and sisters
2013 Convention Workbook

to carry out the Synod’s very scriptural purposes. Even though polity falls under adiaphora, the Synod’s polity has a definite biblical
character to it. The Synod’s policy is based on various theological
principles.3 One such principle is ecclesiastical supervision. The
Synod’s polity is also a covenant of love based on another principle,
the law of Christian love.
As a covenant of love under the Holy Scriptures and the Lutheran
Confessions, and with a subscription without reservation to the common confessional position (Constitution, Articles II and VI), the association of self-governing congregations (Bylaw 1.2.1 [v]), which
expresses its interpretation and understanding of Holy Scripture and
the Lutheran Confessions through its collective will in the adopted
resolutions in convention assembled (Bylaws 1.8.1 and 1.8.2), which
establishes and evaluates all of the Synod positions, policies, programs, directions, and priorities (Bylaw 3.1.1), and which determines
whether or not any action or decision of officers, boards, and commissions are in conformity with the Synod’s Constitution, Bylaws, and
resolutions (cf. Bylaw 1.4.1), established ecclesiastical supervision
as an integral part of the “business of the Synod,”4 “the execution of
synodical business”5 and for the benefit of its members “to promote
and maintain unity of doctrine and practice” (Articles III, XI, and XII;
Bylaws 3.3, 4.4.1–4.4.6, emphases added), and which supervision
inherently is to be exercised on the basis of that same collective will
and understanding.
Ecclesiastical supervision and to promote and maintain unity of
doctrine and practice are therefore responsibilities that the Synod has
reserved for itself. Attempts by a member or a group of members to
exercise ecclesiastical supervision when it has not been given to them
by the Synod through the Synod’s agreed-upon procedures and/or to
promote and maintain unity of doctrine and practice in a manner not
within the covenants of the procedures established in the Synod’s
Constitution and Bylaws are violations of members’ covenants together.
See also the reference to CCM Opinion 05-2443 in the response
to Issue 1 above.
		
Issue 4:
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
to those persons authorized by the Synod to exercise
ecclesiastical supervision?
Opinion: The Synod has reserved for its members processes for dissent (Bylaw section 1.8), resolving disputes (Bylaw sections 1.10,
2.14–2.17: Bylaws 3.10.4.7.9 and 3.10.5.6.9), and ecclesiastical supervision (Bylaws 1.2.1 [g]; 2.1.2).6 For any member or organization of members to advocate disagreement with and unwillingness
to use the Synod’s Bylaws without following the approved dissent
procedures or dispute resolution procedures invites the member’s/