LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 28−29, 2005, Page 17

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113. Procedure for Dissent (05-2451)
In a letter dated November 7, 2005, a series of questions were addressed to the Commission by a district
president of the Synod regarding how an individual should proceed with issues of dissent after he has
discussed the matter with his peers and forwarded them on to the Commission on Theology and Church
Relations.
Question 1: Is a pastor in the process of dissent according to Bylaw 1.8 of the 2004 Handbook of The
Lutheran Church—Missouri Synod required to wait for a response from the Commission on
Theology and Church Relations before developing an overture with his congregation to be
presented at a convention of the Synod?
Opinion: No. Bylaw 1.8.2 states:
Dissent from doctrinal resolutions and statements is to be expressed first within the
fellowship of peers and then brought to the attention of the Commission on Theology and
Church Relations before finding expression as an overture to the convention called for
revision or recision. While the conscience of the dissenter shall be respected, the
consciences of others, as well as the collective will of the Synod, shall also be respected.
There is no requirement in the Bylaws that requires a pastor to wait for a response from the Commission
on Theology and Church Relations before proceeding to develop an overture with his congregation. The
only requirement in the Bylaws is that, before an overture is submitted to the convention calling for
revision or recision, the dissent will have previously been brought to the attention of the Commission on
Theology and Church Relations.
Question 2: When a pastor is in the process of dissent from doctrinal resolutions and statements, what are
the bylaw provisions for a pastor to submit “an overture to the convention calling for revision
or recision? (Bylaw 1.8.2)
Bylaw 3.1.6.2 states:
Overtures to a convention of the Synod may be submitted only by a member
congregation of the Synod; a convention or board of directors of a district; an official
district conference of ordained and/or commissioned ministers; the faculty of an
educational institution of the Synod; the Board of Directors of the Synod; a board or
commission of the Synod listed in Bylaws 3.2.2, 3.2.2.1, 3.2.3, and 3.2.3.1; a committee
established by a prior convention; or a forum of a circuit.
There are no bylaw provisions allowing a pastor or a circuit pastoral conference to submit an overture to a
convention. Only entities identified in Bylaw 3.1.6.2 are allowed to submit overtures to a convention.
While under Bylaw section 1.8 any member of the Synod may express dissent from doctrinal resolutions
and statements in a manner prescribed by Bylaw 1.8.2, only those entities listed in Bylaw 3.1.6.2 may
present an overture to a convention of the Synod.
Question 3: Is a pastor who is in the process of dissent according to Bylaw 1.8 of the 2004 Handbook of
The Lutheran Church—Missouri Synod in conflict with the Constitution of The Lutheran
Church—Missouri Synod if he discusses his issues of dissent with anyone except his peers?
If it is in violation of the Constitution to do so, how does he discuss this matter with his
congregation to encourage them to write an overture to present to the floor committee of the
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