LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 26–28, 2010, Page 13

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Thus, in answer to the question to the commission, the phrase “inexpedient as far as the condition of a congregation
is concerned” does not refer to the Constitution and Bylaws of the Synod and is restricted to resolutions adopted by
a convention of the Synod which are non-doctrinal in nature.” (Emphasis is added due to the concern expressed in
2007 Overture 8-44 requesting reconsideration.)

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Appendix II – Selected Article and Bylaw Citations re Resolutions of the Synod
The following phrases from the Constitution and Bylaws of the Synod help to understand both the meaning and the
application of Article VII in the life of the Synod:
Article VIII C All matters of doctrine and of conscience shall be decided only by the Word of God. All
other matters shall be decided by a majority vote. In case of a tie vote the President may
cast the deciding vote.
Bylaw 1.7.1

The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all
congregational and individual members of the Synod.

Bylaw 1.7.2

The Synod expects every member congregation of the Synod to respect its resolutions and
to consider them of binding force if they are in accordance with the Word of God and if
they appear applicable as far as the condition of the congregation is concerned. The Synod,
being an advisory body, recognizes the right of a congregation to be the judge of the
applicability of the resolution to its local condition. However, in exercising such judgment,
a congregation must not act arbitrarily, but in accordance with the principles of Christian
love and charity.

Bylaw 1.8.1

While retaining the right of brotherly dissent, members of the Synod are expected as part of
the life together within the fellowship of the Synod to honor and uphold the resolutions of
the Synod.
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 calling 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.

Bylaw 1.8.2

Bylaw 1.6.1

The confessional position of the Synod is set forth in Article II of its Constitution, to which
all who wish to be and remain members of the Synod shall subscribe.

Bylaw 1.6.2

The Synod, in seeking to clarify its witness or to settle doctrinal controversy, so that all who
seek to participate in the relationships that exist within and through the Synod may benefit
and may act to benefit others, shall have the right to adopt doctrinal resolutions and
statements which are in harmony with Scripture and the Lutheran Confessions. (Emphasis
added)
(a) Doctrinal resolutions may be adopted for the information, counsel, and guidance of the
membership. They shall conform to the confessional position of the Synod as set forth in
Article II of its Constitution and shall ordinarily cite the pertinent passages of the Scriptures, the Lutheran Confessions, and any previously adopted official doctrinal statements
and resolutions of the Synod. Such resolutions come into being in the same manner as any
other resolutions of a convention of the Synod and are to be honored and upheld until such
time as the Synod amends or repeals them. (Emphasis added)
(b) Doctrinal statements set forth in greater detail the position of the Synod especially in
controverted matters. A proposed statement or a proposal for the development of such a
statement shall be …