LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 29, 2003, Page 10

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In answering the questions asked, the Commission also calls attention to Article VII of the Constitution:
In its relation to its members the Synod is not an ecclesiastical government exercising
legislative or coercive powers, and with respect to the individual congregation’s right of
self-government it is but an advisory body. Accordingly, no resolution of the Synod
imposing anything upon the individual congregation is of binding force if it is not in
accordance with the Word of God or if it appears to be inexpedient as far as the condition
of a congregation is concerned.
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 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.
An October 16, 1969 opinion of the Commission On Constitutional Matters, “An Opinion Regarding
Dissenting Groups and Activities Within the Synod,” which addresses in general a related question, also
importantly includes:
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….
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 to 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. However, in this opinion the
Commission is addressing itself to the organizing of groups, to the calling of meetings,
secret or open, to attempted manipulation of existing groups, to circularizing activities,
and to a wide scale of joint actions, all of which by their very nature tend to polarize or
fragment the constituency of the Synod, and thus have the effect of disrupting the
synodical unity.
In Christian love, members who have joined together voluntarily also have agreed to retain “the right of
brotherly dissent” and to respect the conscience of the dissenter when resolutions are of a doctrinal nature
(Bylaw 2.39 c). The members have agreed together that the expression of dissent follows these
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