LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 28−29, 2005, Page 11

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unless such matters involve theological, doctrinal, or ecclesiastical issues, including those
arising under the divine call of a member of the Synod:
(a) Disputes concerning property rights (e.g., real estate agreements, mortgages,
fraud, or embezzlement); and
(b) Disputes arising under contractual arrangements of all kinds (e.g., contracts for
goods, services, or employment benefits).
It must be noted in regard to dissent and disputes in the Synod that the procedures set forth for brotherly
dissent (Bylaw section 1.8) and dispute (Bylaw section 1.10) are for the purpose of carrying out the
objectives of the Synod (Constitution Art. III), especially objectives 1 and 6:
1. Conserve and promote the unity of the true faith (Eph. 4:3 – 6; 1 Cor. 1.10), work
through its official structure toward fellowship with other Christian church bodies,
and provide a united defense against schism, sectarianism (Rom. 16:17) and
heresy;
6. Aid congregations by providing a variety of resources and opportunities for
recognizing, promoting, expressing, conserving, and defending their confessional
unity in the true faith.
Question 3: Does the dispute resolution process set forth in Bylaw 1.10 allow disputes regarding any
alleged wrongdoings by any officer, board, or commission of the Synod or allow disputes
regarding an[y] alleged violations of the Synod’s Constitution and Bylaws by any officer,
board, or commission?
Opinion: Bylaw 1.10 not only allows but requires all members to use the avenue provided by the Synod to
settle disputes as set forth in Bylaw section 1.10, with the exceptions as set forth in Bylaw 1.10.3. See the
answers to both questions one and two above.
Question 4: Do the provisions set forth in Bylaw 3.1 (National Conventions) allow for correction of any
alleged irregularities or violations of the Synod’s Constitution and Bylaws by the Synod in
convention itself, the convention floor committees, or by any officer, board, or commission?
Opinion: Any and all alleged irregularities or violations of the Synod’s Constitution and Bylaws
committed by the Synod in convention itself, the convention floor committees, or by any officer, board, or
commission can be addressed for correction by the Synod in convention. Bylaw 3.1.1 states:
The national convention of the Synod shall afford an opportunity for worship, nurture,
inspiration, fellowship, and the communication of vital information. It 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…
The broader context of the Constitution and Bylaws also provides the foundation for the answer to the
question asked. Example:

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