LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 11–13, 2011, Page 23

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Disparate and alien avenues within the Synod such as withholding funds, shunning one another, failure to
relate to one another (disassociate with, exclude one another) and failure to discuss disagreements and
differences with one another as well as refusal to meet together, refusal to commune or commune with
another while having no desire, decision, or action to carry out the mutually accepted provision of
dispute/conflict resolution (Bylaw 1.10), are divisive, un-brotherly and are themselves destructive of the
fellowship or a “walking together” and “militate against the essential unity intended by the structure of
the Synod as provided in its Constitution and Bylaws” (cf. October, 1966 CCM Opinion).
Marking or characterizing its life together, the fellowship of the Synod has responsibly and lovingly
provided an avenue of dissent (Bylaw 1.8) which is “brotherly,” expresses the dissent with the
“fellowship” of peers and respects the “collective” will of the Synod. In referring to the Synod provision
of “dissent,” November, 2005 CCM Opinion 05-2444 states: “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” [emphasis added].
In the Synod bylaw provision of “Dispute Resolution” (Bylaw section 1.10), the Preamble states:
When disputes, disagreements, or offenses arise among members of the body of Christ, it is a matter of
grave concern for the whole church. Conflicts that occur in the body should be resolved promptly (Matt.
5:23–24; Eph. 4:26–27). Parties are urged by the mercies of God to proceed with one another with “the
same attitude that was in Christ Jesus” (Phil. 2:5). In so doing, individuals, congregations, and various
agencies within the Synod are urged to reject a “win-lose” attitude that typifies secular conflict. For the
sake of the Gospel, the church should spare no resource in providing assistance. (Bylaw 1.10.1)

Even the Synod’s “expulsion” provisions (Bylaws 2.14 – 2.17) reflect its state of and desire for
fellowship even though the Synod may be required in a final step to “depart from” its “brethren,” “lest we
break the unity of the Synod”:
Termination of membership in the Synod is a serious matter involving both the doctrine and life of those to
whom it has been granted. Such action should only be taken as a final step when it is clear that those who
are being terminated after previous futile admonition have acted contrary to the confession laid down in
Article II or the conditions of membership laid down in Article VI or have persisted in offensive conduct
(Constitution, Art. XIII 1). For this reason, the Synod establishes procedures for such action, including the
identification of those who are responsible for ecclesiastical supervision of its members. Such supervision
includes not only suspension or termination of membership but also advice, counsel, encouragement, and,
when necessary, admonition regarding teaching and/or practice. Furthermore, the procedures that may lead
to termination of membership also provide for the protection of members by including provisions for
challenging the decisions of ecclesiastical supervisors in these matters as well as provisions for restoration
of membership that has been suspended or terminated (Bylaw 2.14.1) [emphasis added].

Regarding the provisions the Synod has made to provide avenues essential to preserving the fellowship
relationship of the Synod, a November, 1973 CCM opinion urges, “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….” A recent September 3–4, 2011 CCM opinion states: “For any member or
organization of members to advocate disagreement with and unwillingness to use the Synod’s Bylaws
without following the approved dissent procedures or dispute resolution procedures invites the
member’s/members’ ecclesiastical supervisor(s) to use those same Synod-established procedures to
discipline them….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
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