LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 25

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The delegate convention of the Synod is the legislative assembly that ultimately legislates policy, program, and
financial direction to carry on the Synod’s work on behalf of and in support of the member congregations. (Bylaw
1.4.1)
[The convention] is the principal legislative assembly, which amends the Constitution and Bylaws, considers and
takes action on reports and overtures, and handles appropriate appeals. It establishes general positions and policies
of the Synod, provides overall program direction and priorities, and evaluates all such positions, programs,
policies, directions, and priorities in order to provide responsible service for and on behalf of its members. (Bylaw
3.1.1)
Bylaw 3.1.6.2 sets forth how overtures may be submitted to the convention so that the collective will of the Synod can be
established and expressed.
DISPUTE
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 disputes exist, are required, subject to limited exceptions, to use the avenue provided by the Synod
to settle disputes, as set forth in Bylaw section 1.10, “Dispute Resolution of the Synod,” which in part states:
The Holy Scriptures (1 Cor. 6:1-7) urge Christians to settle their differences by laying them before the “members of the
brotherhood.” Therefore, the Synod in the spirit of 1 Corinthians 6 calls upon all parties to a disagreement, accusation,
controversy, or disciplinary action to rely exclusively and fully on the Synod’s system of reconciliation and conflict
resolution. The use of the Synod’s conflict resolution procedures shall be the exclusive and final remedy for those who
are in dispute. Fitness for ministry and other theological matters must be determined within the church. Parties are
urged, in matters of a doctrinal nature, to follow the procedures as outlined in Bylaw section 1.8. (Bylaw 1.10.1.1)
(Emphasis added)
The procedure set forth in the Synod’s dispute resolution process can involve or include as parties any member of the
Synod, the Synod itself, a district or an organization owned and controlled by the Synod, persons involved in
excommunication or lay members of congregations of the Synod holding positions with the Synod itself or with districts or
other organizations owned and controlled by the Synod (Bylaw 1.10.2). Procedures for expulsion of membership under
Article XIII of the Constitution are set forth in Bylaws 2.14–2.17.
Therefore, all members of the Synod are required to resolve all matters of dissent or all disputes by the avenues and
structures available to them as set forth in the Constitution and Bylaws of the Synod without resorting to secular courts and
without resorting to avenues, means, structures, or communications that are foreign or contrary to the synodical agreements
and which are not in harmony with the polity of the Synod. “We appeal once again to all members of the Synod to use the
channels which the Constitution, Bylaws, and resolutions of the Synod provide for resolving our differences without
resorting to the organization and continuation of separate groups” (Opinion Ag. 484, 484A; November, 1973).
Question 2: Does the dissent process set forth in Bylaw 1.8 (Cf. Bylaw 1.6.2) and/or the dispute resolution process set forth
in Bylaw 1.10 allow dissent or disputes regarding “syncretism and unionism,” “the role and authority of
women in the church,” synodical governance issues (such as the use of Matthew 18:15 in Bylaws 1.10 and
2.14, the selection of floor committee members, the dispute process set forth in Bylaw 1.10, “close
communion issues and practices,” and the “lay minister issue”?
Opinion: Members of the Synod in all those issues identified and in all areas of disagreement and dissent are bound by the
provisions of Bylaw section 1.8. Similarly, members of the Synod in disputing such issues are bound by the provisions of
Bylaw section 1.10.
The dispute resolution procedure as set forth in Bylaw section 1.10 may precisely be used in such disputes:
This procedure is established to resolve, in a God-pleasing manner, disputes that involve as parties, (1) members
of the Synod, (2) the Synod itself, (3) a district or an organization owned and controlled by the Synod, (4) persons
involved in excommunication, or (5) lay members of congregations of the Synod holding positions with the Synod
itself or with districts or other organizations owned and controlled by the Synod. It shall be the exclusive remedy
to resolve such disputes that involve theological, doctrinal, or ecclesiastical issues except those covered under
Bylaw sections 2.14–2.17 and except as provided in Bylaw 1.10.3. It is applicable whether the dispute involves
only a difference of opinion without personal animosity or is one that involves ill will and sin that requires
repentance and forgiveness. (Bylaw 1.10.2)

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