LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 11–13, 2011, Page 4

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Finally, the term appears in the exceptions paragraph, Bylaw 1.10.3, as follows:
This chapter provides evangelical procedures to remedy disputes only and does not set forth procedures for
expulsion from membership (Constitution, Art. XIII and Bylaw sections 2.14–2.17); nor does it set forth
procedures for board of regents’ supervision of faculty and administration as specified in Bylaws 3.10.4.7.5–
3.10.4.7.9 and 3.10.5.6.5–3.10.5.6.9. While Christians are encouraged to seek to resolve all their disputes
without resorting to secular courts, this chapter does not provide an exclusive remedy for the following
matters, unless such matters involve theological, doctrinal, or ecclesiastical issues, including those arising
under the divine call of a member of the Synod [emphasis added]:
(a) Disputes concerning property rights (e.g., real estate agreements, mortgages, fraud, or embezzlement)
(b) Disputes arising under contractual arrangements of all kinds (e.g., contracts for goods, services, or
employment benefits)

As a public expression to all Christians, the Synod recognizes that the biblical reconciliation of persons in
conflict begins with God’s truth that all Christians are sinners, that all Christians have been reconciled to
God through the death and resurrection of Christ Jesus, and that Christ’s ministry of reconciliation is one
of the church’s foremost priorities.
The first sentence of Bylaw 1.10.1 is based on the understanding of Scripture that all members of the
body of Christ who are parties to a disagreement should rely on a God-pleasing system of reconciliation
and conflict resolution without resort to the secular courts. The first use of the word “exclusively” is a call
by the Synod upon all of its members to do so. The Synod implores its members, as well as the lay
members of member congregations of the Synod, to recognize their responsibilities for conflict resolution
as set forth in the Preamble, urging them to settle their differences by laying them before the “members of
the brotherhood,” using the guidance of Matthew chapter 18 and recognizing that at the heart and center
of Christian conflict resolution is the grace of Jesus Christ. The next use of that term in Bylaw 1.10.1
specifically declares the Synod’s process to be the exclusive, which is to say the only, remedy for those
members of the Synod who are in dispute.
In Bylaw 1.10.2, the explanation of the purpose of the Synod’s dispute resolution process, the Synod has
declared with respect to the specific participants named in that bylaw that the Synod’s process will be the
one and only remedy to resolve disputes among those named where the issues involve theological,
doctrinal, or ecclesiastical issues, and except for those covered by Bylaw sections 2.14–2.17 and Bylaws
3.10.4.7.9, 3.10.5.6.9, and 1.10.3. The binding nature of this exclusive remedy as to such issues is
honored and recognized even in the secular courts of the United States. At the same time, the Synod is
acknowledging that in areas other than theological, doctrinal, and ecclesiastical, its authority can be
limited by civil authority.
Finally, the exceptions paragraph (Bylaw 1.10.3) makes clear that disputes involving property rights,
including real estate agreements and mortgages, insofar as such may be involved in the case at hand, are
not subject to the exclusive remedy of the dispute resolution process. In this respect, the phrase “this
chapter does not provide an exclusive remedy for the following matters” does not mean that the dispute
resolution process cannot be voluntarily used by the parties defined in Bylaw 1.10.2 and does not
preclude those parties from voluntarily agreeing to engage in the dispute resolution process of the Synod
rather than resorting to other dispute resolution processes, including the secular courts. Rather, the bylaw
recognizes that in such matters, the participants need not agree to participate in the Synod’s process nor
be involuntarily bound by that process. The language of Bylaw 1.10.3 allows persons involved in disputes
concerning property rights or contractual arrangements not to subject themselves to the binding processes
of the Synod but rather to rely on other remedies and forums.

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