LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 23

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imperative that all members of the Synod be dealt with fraternally, evangelically, pastorally, and in keeping with the
provisions of the Constitution and Bylaws of the Synod for the exercise of doctrinal discipline.
13. While it must be recognized that a separation may regretfully be called for when neither the dissenter nor the Synod is
persuaded to alter their position, all members of the Synod should earnestly and frequently invoke the blessing of the Holy
Spirit “that as a result of joint study of the Word of God, the Holy Spirit will lead the Synod into all truth” and “that the
Synod can speak with a voice that is Scriptural, Gospel oriented, truly Lutheran, and that will continue to ‘walk together’ as
a true Synod” (1971 Resolution 5-24, Proceedings, p. 165).
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ii

Proper Dissent and Dispute by Members of the Synod (05-2444)
In a letter dated September 9, 2005, a series of questions were addressed to the Commission by five district presidents and
two vice-presidents of the Synod regarding whether or not the Synod’s Constitution and Bylaws provide actions available to
persons who have conflict with various actions taken by the Synod in convention or by duly elected officers of the Synod
other than by filing a lawsuit against the Synod and/or by the use of other avenues that are in violation of the Constitution
and Bylaws of the Synod.
Question 1: Is it in harmony with the Constitution and Bylaws (1.3, 1.4.1, 1.7, 1.8, 1.10, 3.1.1, and 3.1.6.2) of the Synod
for any member of the Synod or any group within the Synod as an avenue or form of dissent or dispute to
engage in promoting non-compliance with the resolutions of the Synod and making charges against the Synod,
the President, and others of the Synod by use of lawsuits, publications, letters, or meetings and conferences
that are not in keeping with the polity of the Synod as set forth in the Constitution and Bylaws?
Opinion: No, every member of the Synod (individual and congregation) joins the Synod voluntarily and in doing so agrees
to relate to, live, and serve together with one another (“walk together”) in harmony with the Constitution and Bylaws:
In joining the Synod, congregations and other members obligate themselves to fulfill such requirements and to
diligently and earnestly promote the purposes of the Synod by word and deed. Members agree to uphold the
confessional position of the Synod (Art. II) and to assist in carrying out the objectives of the Synod (Art. III), which are
objectives of the members themselves. Thus, while congregations of the Synod are self-governing (Art. VII), they, and
also individual members, commit themselves as members of the Synod to act in accordance with the Constitution and
Bylaws of the Synod under which they have agreed to live and work together and which the congregations alone have
the authority to adopt or amend through conventions. (Bylaw 1.3.4) (Emphasis added)
DISSENT
I. “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” (Bylaw 1.8.1).
In their agreement to live and work together in harmony (in harmony with the Constitution and Bylaws) the members of the
Synod, when and where dissent exists, have agreed to and encourage the right of brotherly dissent. Dissent that is
“brotherly” will always regard another as a brother or being in a “brotherhood” (Cf. reference to “brotherhood” in Bylaw
1.10.1.1) and will treat and relate to others in the “fellowship” as brothers.
1971 convention Resolution 2-21 explains: “To honor and uphold (emphasis added) 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.”
Honoring and upholding the resolutions of the Synod means that the dissenter is not to preach, teach, disseminate, or
promote any position contrary to the position of the Synod nor engage in loveless public criticism nor to degrade, belittle, or
depreciate the position of the Synod while dissenting.” In regard to violation of then-Bylaw 2.39 c (current Bylaw 1.8.1), a
1993 Commission on Constitutional Matters opinion (Ag. 1956) regarding doctrinal dissent stated: “Doctrinal discipline
must be exercised in the case of the pastor who teaches contrary to the position of the Synod….” And in a Commission
opinion of October 23, 1996 (Ag. 2048):
…the dissenter is not free to teach the dissenting view…to so teach publicly that the position of the Synod is
contrary to the Scriptures would be to elevate a matter of human opinion to the level of Scriptural doctrine—which
from the viewpoint of the Synod would be contrary to the Scriptures…If permitted to do so, every member of the
Synod would have the right to determine which of the positions of the Synod in similar matters it wished to accept
and which to reject.

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