LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 28−29, 2005, Page 9

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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….It is within the context of
the Synod—the forums, channels, and procedures which the Synod itself establishes—
that differing viewpoints need to be discussed and an issue finally decided. Continuing
dialogue beyond the point of decision must also be carried on within the same
synodically agreed upon framework and in deference to the majority will. (Emphasis
added)
More recently, the Commission’s Opinion 03-2328 also addressed the subject:
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 the 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 [now Bylaws 1.6, 1.7, and 1.8].
“The collective will of the Synod” (Bylaw 1.8.2) is established and expressed through the Synod in
convention and not by individuals or groups within or outside of the Synod, nor through the courts or
unofficial publications, letters, meetings, and conferences:
The delegate convention of the Synod is the legislative assembly that ultimately legislates
policy, program, and financial direction to carry on the Synod’s work on behalf of and in
support of the member congregations. (Bylaw 1.4.1)
[The convention] is the principal legislative assembly, which amends the Constitution
and Bylaws, considers and takes action on reports and overtures, and handles appropriate
appeals. It establishes general positions and policies of the Synod, provides overall
program direction and priorities, and evaluates all such positions, programs, policies,
directions, and priorities in order to provide responsible service for and on behalf of its
members. (Bylaw 3.1.1)
Bylaw 3.1.6.2 sets forth how overtures may be submitted to the convention so that the collective will of
the Synod can be established and expressed.
DISPUTE
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 disputes exist, are required, subject to limited exceptions, to
use the avenue provided by the Synod to settle disputes, as set forth in Bylaw section 1.10, “Dispute
Resolution of the Synod,” which in part states:
The Holy Scriptures (1 Cor. 6:1-7) urge Christians to settle their differences by laying
them before the “members of the brotherhood.” Therefore, the Synod in the spirit of 1
Corinthians 6 calls upon all parties to a disagreement, accusation, controversy, or
disciplinary action to rely exclusively and fully on the Synod’s system of reconciliation
and conflict resolution. The use of the Synod’s conflict resolution procedures shall be the
exclusive and final remedy for those who are in dispute. Fitness for ministry and other
theological matters must be determined within the church. Parties are urged, in matters of
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