LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 9

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Question 3: Is it in harmony with the Constitution and above bylaws of the Synod for any member of the
Synod or any groups within the Synod to teach publicly, publicly advocate, or promote any position
contrary to the position of the Synod?
Opinion: Again, the above-referenced 1969 opinion (dated October 16, 1969, entitled “Dissenting Groups
and Activities Within the Synod”) speaks to this issue:
In this opinion the Commission is not attempting to limit the right of individuals to speak their
own minds. Before and after the passage or rejection of synodical resolutions individuals must be
free to express their concerns, especially to their peers. Frank and open discussion, carried on in a
spirit of Christian love and forbearance, must be part of our life together in the Synod. It can be
proper and salutary. However, in this opinion the Commission is addressing itself to the
organizing of groups, to the calling of meetings, secret or open, to attempted manipulation of
existing groups, to circularizing activities, and to a wide scale of joint actions, all of which by their
very nature tend to polarize or fragment the constituency of the Synod, and thus have the effect of
disrupting the synodical unity.
All members of the Synod and its congregations are to beware of the danger of groups and
activities which divide and splinter the Synod. Synodical and district officers and board and
commission members have a special responsibility to identify divisive and subversive movements
and to avoid them. By their example and advice they are to conserve and promote the unity of the
true faith and the oneness of the Synod.
Accordingly, it is not in harmony with the Constitution and Bylaws of the Synod for any member
of the Synod or any groups within the Synod to teach publicly, publicly advocate, or promote any
position contrary to the position of the Synod. Dissent activities are to be governed by section 1.8
of the Bylaws of the Synod to which members have “commit[ted] themselves to act in accordance
with” and “under which they have agreed to live and work together” (Bylaw 1.3.4).

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Issue 2: Under the Constitution, Bylaws, and resolutions of the Synod, must individual members or
congregational members of the Synod follow the dispute resolution processes of the Synod if
they have a dispute with another member of the Synod involving theological, doctrinal, or
ecclesiastical issues?
Opinion: Yes. Any Synod member, whether acting individually or as a member of an organization of
members, must follow the dispute resolution processes of the Synod, just as he or she must follow the
dissent processes of the Synod (Issue 1 above).
The dispute resolution processes of the Synod are under the following: Bylaw section 1.10 (procedures
for disputes between members of the Synod), Bylaw sections 2.14–2.17 (procedures which could lead to
expulsion from membership), Bylaw 3.10.4.7.9 (procedures for addressing complaints regarding faculty
members of seminaries), and Bylaw 3.10.5.6.9 (procedures for addressing complaints regarding faculty
members of colleges and universities).
All members of the Synod commit to act in accordance with the Constitution and Bylaws of the Synod
(see Issue 1 above and its citation of Constitution Article XIV and Bylaw 1.3.4.1). That of course includes
the bylaws governing the various dispute resolution processes of the Synod.
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