LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 11–13, 2011, Page 3

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• Bylaw 11.03.3: The extra word “in” will need to be deleted.
• Bylaw 12.01, paragraph 1 D: The word “clearance” in the existing wording should be changed to
“approval” in keeping with the wording of Synod Bylaw 3.9.2.2.3 (a).
• Bylaw 12.01, paragraph 2: The reference to district board of directors’ approval should be
followed by the words “and upon review and approval by the Commission on Constitutional
Matters of the Synod.”
66. District Church Extension Fund Use of Dispute Resolution Process (11-2591)
A congregation of the Synod has been in dispute with one of the seven district church extension funds
that operate separate from and independent of the Lutheran Church Extension Fund—Missouri Synod.
The Lutheran Church Extension Fund—Missouri Synod exists pursuant to Bylaws 3.6.4ff and is operated
by its members and board of directors. The separate district church extension funds are subject to the
supervision of the Board for Church Extension which exists under Bylaws 3.10.6 and 3.10.6.1.
The congregation has requested that its district’s separately incorporated district church extension fund
enter into a Bylaw section 1.10 dispute resolution process, which the church extension fund has declined
to do. As a result, the congregation submitted to the commission an extensive letter with multiple
questions and sub-questions.
Among the questions and concerns expressed by the congregation are some issues and concerns outside
the authority and responsibility of the commission to address, because they do not involve interpretation
of the Synod’s Constitution, Bylaws, and resolutions. These issues may more appropriately be raised with
ecclesiastical supervisors. The congregation is urged to submit such concerns to its ecclesiastical
supervisor, and as necessary through the Synod’s process of ecclesiastical supervision.
Question 1: What are the meanings of the terms “exclusive” and “exclusively” in the context of the
preamble, purposes, and exception clauses to the dispute resolution process found in Bylaws
1.10.1–1.10.3?
Opinion: The terms “exclusive” or “exclusively” appear four times in Bylaws 1.10.1–1.10.3 and are
highlighted in the quotations below. Bylaw 1.10.1.1 reads:
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 outline in Bylaw section 1.8 [emphasis added].

Bylaw 1.10.2, after listing those parties who are to participate in the Synod’s dispute resolution process,
continues as follows:
…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. No person or agency to whom or to which
the provisions of this dispute resolution process are applicable because such person or agency is a member of
the Synod may render these provisions inapplicable by terminating that membership [emphasis added].

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