Collection › LCMS Commission on Constitutional Matters — Minutes (St. Louis, Missouri) › 2005 › Page 10
LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 28−29, 2005, Page 10
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Source: The Lutheran Church—Missouri Synod (files.lcms.org)
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Transcription machine transcription, uncorrected
a doctrinal nature, to follow the procedures as outlined in Bylaw section 1.8. (Bylaw
1.10.1.1) (Emphasis added)
The procedure set forth in the Synod’s dispute resolution process can involve or include as parties any
member of the Synod, the Synod itself, a district or an organization owned and controlled by the Synod,
persons involved in excommunication or lay members of congregations of the Synod holding positions
with the Synod itself or with districts or other organizations owned and controlled by the Synod (Bylaw
1.10.2). Procedures for expulsion of membership under Article XIII of the Constitution are set forth in
Bylaws 2.14–2.17.
Therefore, all members of the Synod are required to resolve all matters of dissent or all disputes by the
avenues and structures available to them as set forth in the Constitution and Bylaws of the Synod without
resorting to secular courts and without resorting to avenues, means, structures, or communications that are
foreign or contrary to the synodical agreements and which are not in harmony with the polity of the
Synod. “We appeal once again to all members of the Synod to use the channels which the Constitution,
Bylaws, and resolutions of the Synod provide for resolving our differences without resorting to the
organization and continuation of separate groups” (Opinion Ag. 484, 484A; November, 1973).
Question 2: Does the dissent process set forth in Bylaw 1.8 (Cf. Bylaw 1.6.2) and/or the dispute
resolution process set forth in Bylaw 1.10 allow dissent or disputes regarding “syncretism and
unionism,” “the role and authority of women in the church,” synodical governance issues
(such as the use of Matthew 18:15 in Bylaws 1.10 and 2.14, the selection of floor committee
members, the dispute process set forth in Bylaw 1.10, “close communion issues and
practices,” and the “lay minister issue”?
Opinion: Members of the Synod in all those issues identified and in all areas of disagreement and dissent
are bound by the provisions of Bylaw section 1.8. Similarly, members of the Synod in disputing such
issues are bound by the provisions of Bylaw section 1.10.
The dispute resolution procedure as set forth in Bylaw section 1.10 may precisely be used in such
disputes:
This procedure is established to resolve, in a God-pleasing manner, disputes that involve
as parties, (1) members of the Synod, (2) the Synod itself, (3) a district or an organization
owned and controlled by the Synod, (4) persons involved in excommunication, or (5) lay
members of congregations of the Synod holding positions with the Synod itself or with
districts or other organizations owned and controlled by the Synod. It shall be the
exclusive remedy to resolve such disputes that involve theological, doctrinal, or
ecclesiastical issues except those covered under Bylaw sections 2.14–2.17 and except as
provided in Bylaw 1.10.3. It is applicable whether the dispute involves only a difference
of opinion without personal animosity or is one that involves ill will and sin that requires
repentance and forgiveness. (Bylaw 1.10.2)
Bylaw 1.10.3 does set forth some exceptions, none of which are applicable to the question asked, as
follows:
This chapter provides evangelical procedures to remedy disputes only and does not set
forth procedures for expulsion from membership (Constitution Art. XIII and Bylaw
sections 2.14–2.17) nor does it set forth procedures for board of regents’ supervision of
faculty and administration as specified in Bylaws 3.8.2.7.5–3.8.2.7.9 and 3.8.3.8.5–
3.8.3.8.9…this chapter does not provide an exclusive remedy for the following matters,
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