LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 11–13, 2012, Page 20

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Bylaws 1.8.1 and 1.8.2 describe the process by which members of the Synod express dissent from
doctrinal resolutions and statements adopted by the Synod. Bylaw 1.8.2 indicates that before a member of
the Synod may submit an overture to a convention calling for the revision or recision of a resolution
adopted by the Synod, that member must first express that dissent within the fellowship of peers and then
bring it to the attention of the Commission on Theology and Church Relations (CTCR). Having done that,
the member of the Synod (either an individual or a congregation) may proceed with the process of
bringing an overture to a convention.
Synod Bylaw 3.1.6.2 specifies those eligible to submit overtures. Among those listed is the forum of a
circuit. Therefore, a member of the Synod (individual or congregation) who has followed the
requirements for dissent described in Bylaw 1.8.2 may submit a proposed overture to a circuit forum,
which if adopted by the circuit forum may be submitted either to a convention of a district or a convention
of the Synod. In this instance, the circuit forum and/or the district convention become(s) a channel
through which the member submits an overture to revise or rescind “doctrinal resolutions and statements”
to a convention of the Synod.
Based on this process prescribed by the Bylaws of the Synod, the commission replies to the four
statements and their following questions submitted by the member of the Synod. In the interest of brevity
and clarity, the commission has summarized a number of the questions submitted under statements 2–4,
taking care to retain the general content and intent of the original questions.
Statement 1: A circuit forum submits to its appropriate district convention an overture proposing that the
district in turn call upon the Synod to revise or rescind a doctrinal resolution adopted by the Synod.
Question 1.1: If the circuit forum member who made the motion to place the matter in question
before the circuit forum is a pastor, is it relevant whether this pastor had previously
discussed his point of dissent within the fellowship of peers and brought this matter to
the attention of the CTCR before expressing his dissent in the form of an overture for
eventual convention consideration?
Opinion: Yes. Bylaw 1.8.2 requires that a member (individual or congregation) follow this process
before expressing dissent by presenting an overture to a circuit forum calling for the revision or
recision of a doctrinal resolution or statement of the Synod.
Question 1.2: Would there be a difference if the circuit forum member who made the motion to
place the matter in question before the circuit forum were a layperson?
Opinion: The process of dissent in Bylaws 1.8.1 and 1.8.2 applies only to members (individuals and
congregations) of the Synod. Such an overture could not be submitted by a layperson unless done on
behalf of a congregation which had previously followed the process.
Question 1.3: Before a circuit forum adopts the kind of overture mentioned in item 1 above, would it
be incumbent upon that circuit forum to take the steps enjoined upon members of the
Synod in Bylaw section 1.8? If so, who is the “peer” of a circuit forum? Would two or
more circuit forums have to hold official joint meetings for discussion?
Opinion: Since a circuit forum is not a member of the Synod but rather a channel through which a
member of the Synod submits such an overture, the provisions of Bylaw 1.8.2 do not apply to those
present and voting at the circuit forum.

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