LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 15-17, 2002, Page 6

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heeded, to report such cases to the Synod. This duty, as well as the power to advise, admonish,
and reprove, is tempered by the provisions of Article XIII and the bylaws that flow from it.
16. Question re Propriety of Bylaws 2.23−2.27 (01-2252)
Several pastors of the Synod in a letter dated November 1, 2001, questioned the propriety of the Synod’s
Bylaws pertaining to restricted status, suspended status, and commencing an action to terminate
congregational or individual membership. After stressing the responsibility, accountability, and authority
of the local congregation in all matters of doctrine, practice, and polity, they asked the following question
of the Commission:
Question: “Is not our synodical Constitution as outlined in Bylaw II.D.2.23, 2.25 and 2.27 of the 1998
LCMS Handbook in flagrant violation of the Holy Scriptures, the Lutheran Confessions and our
Pure Doctrine of Polity in respect to the divine right and sacred responsibility of exclusive
ecclesiastical authority given by God into the hands of the Hearers of the Word of God and to
the office of the public ministry within the local community congregation?"
Opinion: This question raises issues that are theological in nature and are outside the scope of
responsibility of this commission delineated in Bylaw 3.905. The petitioners may wish to direct their
question to the Commission on Theology and Church Relations.
17. Question re Withdrawal from Dispute Resolution Process (01-2253)
In a letter dated November 5, 2001, a Dispute Resolution Panel, upon completion of a hearing and
decision in a case involving the suspension of a pastor who sought to resign from the Synod prior to the
opening of the hearing in order to avoid the hearing process, asked the Secretary of the Synod on its
behalf to ask the Commission to respond to the following question:
Question: “Can a member of Synod withdraw from the dispute resolution process prior to the
commencement of the actual hearing but after the hearing has been requested?”
Opinion: Bylaw 2.27 and Chapter VIII of the Bylaws are the exclusive process provided by the Synod for
addressing termination of membership. Once the process has been initiated, the Synod and its members
are bound to follow the procedure that has been provided. “No person, entity or agency to whom or to
which the provisions of this chapter are applicable because such person, entity or agency is a member of
the Synod may render the provisions of this chapter inapplicable by terminating that membership” (Bylaw
8.01).
As part of that process, a member whose expulsion has been requested according to Bylaw 2.27 c is given
15 days to decide whether to have the matter heard by a Dispute Resolution Panel or whether not to
contest such expulsion and thereby consent to termination of membership (Bylaw 2.27 c 2 c). Once the
choice is made to continue the process by requesting a hearing before a panel, the Synod is duty-bound to
finish its process. Should the member of the Synod decide to withdraw from the dispute resolution
process at any time after the decision to request a hearing has been made, the process must none-the-less
be continued to its conclusion.
18. Question re Applicability of Bylaws to Dispute Case (01-2254)
In a letter dated November 10, 2001, a reconciler of the Synod appointed to a dispute case addressed the
following question to the Commission regarding the applicability of certain bylaws to the matter in
dispute.

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