LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 28−29, 2005, Page 13

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process in which to resolve a dispute in the secular world, members of the Synod are governed by Bylaw
section 1.8 as the required, exclusive, and agreed-to avenue of dissent and Bylaw section 1.10 as the
required, exclusive, and agreed-to method of dispute resolution. See the answers to questions 1 and 2
above.
Question 6: Is it in harmony with the Constitution and above Bylaws of the Synod for any member of the
Synod to engage in dispute against the President of the Synod or the Synod itself by use of a
lawsuit, when such members have not used the avenue of dispute as set forth in Bylaw 1.10
of the Synod?
Opinion: No. In the agreement to live and work together, a member of the Synod is required to rely
exclusively and fully on the Synod’s system of reconciliation and conflict resolution. Unless the dispute is
one concerning property rights or contract arrangements under Bylaw 1.10.3 (a) or (b), such suit would be
a gross violation of the process of Bylaw section 1.10 and the covenants which bind members together in
the Synod. The use of the Synod’s conflict resolution procedures is the exclusive and final remedy for
those who are in dispute (Bylaw section 1.10). See the answers to questions 1, 2, and 5 above.
Question 7: If any of the above is not in harmony with the Constitution and Bylaws of the Synod, what
remedy does the Constitution and Bylaws of the Synod provide?
Opinion: The Constitution and Bylaws of the Synod provide disciplinary measures against any member
who violates the Constitution and Bylaws of the Synod. Such provisions include Bylaw section 1.10,
“Dispute Resolution of the Synod”: “The use of the Synod’s conflict resolution procedures shall be the
exclusive and final remedy for those who are in dispute” (Bylaw 1.10.1) and Article XIII of the
Constitution, “Expulsion from the Synod,” and its procedures as set forth in Bylaw sections 2.13–2.16:
The only remedy available to the Synod in response to improper activities in the life of
such a member of the Synod is, as is true with respect to violations of other conditions of
membership or is otherwise appropriate under the Constitution or these Bylaws, and
following the procedures set forth in these Bylaws, to take such action as may lead to
termination of that membership and the attendant rights and privileges. (Bylaw 2.13.2)
The ecclesiastical supervisors (the President of the Synod and the district presidents) have disciplinary
responsibilities such as stated in Articles XI B and XII of the Constitution:
2. It is the President’s duty to see to it that all the aforementioned act in accordance with
the Synod’s Constitution, to admonish all who in any way depart from it, and, if such
admonition is not heeded, to report such cases to the Synod.
3. The President has and always shall have the power to advise, admonish, and reprove.
He shall conscientiously use all means at his command to promote and maintain unity
of doctrine and practice in all the districts of the Synod. (Art. XI B)
7. The district presidents shall, moreover, especially exercise supervision over the
doctrine, life, and administration of office of the ordained and commissioned
ministers of their district and acquaint themselves with the religious conditions of the
congregations of their district. To this end they shall visit and, according as they
deem it necessary, hold investigations in the congregations. Their assistants in this
work are the circuit counselors, who therefore shall regularly make their reports to
the district president.

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