LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 14

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To bring all this down to the issue with which we are dealing: It is a breech of Christian love to place selfwill above the mutually agreed upon will of the Synod as it has stated it in its Constitution and Bylaws.

That 1974 opinion of the commission, while in regard to certifying, placing, calling, ordaining, and
installing graduates of Seminex, applies to any other area of our life together which the Synod has
reserved to itself alone.
On August 29–30, 2009, in answer to a question in reference to the commission’s earlier Opinion 082524 regarding 2004 convention Resolution 3-05A, “Binding Force Resolutions” (whether other Synod
resolutions were equally binding with similar attending disciplinary action), the commission opined:
Opinion 08-2524 is not only applicable to the matter of 2004 convention Resolution 3-05A but to all
resolutions, as already stated in the bylaw quotations included in the opinion:
Under the assumption that 2004 Res. 3-05A is in accordance with the Word of God, the Synod expects
every member congregation of the Synod to respect the resolution and consider it of binding force (cf.
Bylaw 1.7.2). Bylaw 1.6.2 states, “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; cf. also Bylaw 1.8.1). Bylaw 1.7.1 further states, “The
Constitution, Bylaws, and all other rules and regulations of the Synod apply to all congregational and
individual members of the Synod.”

Opinion 08-2524 also referenced 1971 Res. 2-21 which confirmed the binding nature of such resolutions.
In addition to the pertinent quotes from the 1971 resolution in the above opinion, the convention
resolution also stated, “Meanwhile every member of the Synod is held to abide by, act, and teach in
accordance with the Synod’s resolutions….the Synod has repeatedly declared that all members should
‘honor and uphold’ its resolutions (cf.: 1962, 3-17; 1965, 2-08; 1967, 2-04; 1969, 2-27)….To ‘honor and
uphold’ means not merely to examine and study them, but to support, act, and teach in accordance with
them until they have been shown to be contrary to God’s Word” (1971 Convention Proceedings, p. 119).
In summary, all Synod members, including organizations of Synod members, must follow the Synod’s
bylaws regarding dissent, dispute resolution, and ecclesiastical supervision. To do otherwise invites the
member’s/members’ ecclesiastical supervisor(s) to use those same Synod-established procedures to
discipline them.
53. Election of the President of the Synod (11-2592)
During the commission’s May 7–8, 2011 meeting, the Secretary of the Synod submitted in writing a
series of questions regarding the voting process for the election of the President of the Synod as a result of
2010 convention Res. 8-17. The commission completed its discussion of the questions during its
September 3–4 meeting and responded as follows.
Question 1: In the case of delegates to district conventions that have been duly elected and pre-registered
by their congregations or parishes, can such delegates be included on the voting list for
President of the Synod if prevented from attending their district conventions because of
illness or other emergency?
Opinion: The answer to this question is “no.” Bylaw 3.12.2.3 and the resolution adopted by the 2010
convention (Res. 8-17) clearly require delegate attendance at the previous district convention in order to
participate in the election of the President the following year. To prevent the situation described in the
question, congregations are advised to elect alternate delegates to the district convention.
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