LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 28−29, 2005, Page 7

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Constitution and Bylaws provide actions available to persons who have conflict with various actions
taken by the Synod in convention or by duly elected officers of the Synod other than by filing a lawsuit
against the Synod and/or by the use of other avenues that are in violation of the Constitution and Bylaws
of the Synod.
Question 1: Is it in harmony with the Constitution and Bylaws (1.3, 1.4.1, 1.7, 1.8, 1.10, 3.1.1, and
3.1.6.2) of the Synod for any member of the Synod or any group within the Synod as an
avenue or form of dissent or dispute to engage in promoting non-compliance with the
resolutions of the Synod and making charges against the Synod, the President, and others of
the Synod by use of lawsuits, publications, letters, or meetings and conferences that are not in
keeping with the polity of the Synod as set forth in the Constitution and Bylaws?
Opinion: No, every member of the Synod (individual and congregation) joins the Synod voluntarily and
in doing so agrees to relate to, live, and serve together with one another (“walk together”) in harmony
with the Constitution and Bylaws:
In joining the Synod, congregations and other members obligate themselves to fulfill
such requirements and to diligently and earnestly promote the purposes of the Synod by
word and deed. 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 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 1.3.4) (Emphasis added)
DISSENT
I. “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
1.8.1).
In their agreement to live and work together in harmony (in harmony with the Constitution and Bylaws)
the members of the Synod, when and where dissent exists, have agreed to and encourage the right of
brotherly dissent. Dissent that is “brotherly” will always regard another as a brother or being in a
“brotherhood” (Cf. reference to “brotherhood” in Bylaw 1.10.1.1) and will treat and relate to others in the
“fellowship” as brothers.
1971 convention Resolution 2-21 explains: “To honor and uphold (emphasis added) means not merely to
examine and study them, but to support, act, and teach in accordance with them until they have been
shown to be contrary to God’s Word.” Honoring and upholding the resolutions of the Synod means that
the dissenter is not to preach, teach, disseminate, or promote any position contrary to the position of the
Synod nor engage in loveless public criticism nor to degrade, belittle, or depreciate the position of the
Synod while dissenting.” In regard to violation of then-Bylaw 2.39 c (current Bylaw 1.8.1), a 1993
Commission on Constitutional Matters opinion (Ag. 1956) regarding doctrinal dissent stated: “Doctrinal
discipline must be exercised in the case of the pastor who teaches contrary to the position of the
Synod….” And in a Commission opinion of October 23, 1996 (Ag. 2048):
…the dissenter is not free to teach the dissenting view…to so teach publicly that the
position of the Synod is contrary to the Scriptures would be to elevate a matter of human
opinion to the level of Scriptural doctrine—which from the viewpoint of the Synod
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