LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 2–4, 2012, Page 4

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Opinion: In performing its function on behalf of the Synod, while the issues raised by the request for a
final hearing are its primary and ultimate focus, a Final Hearing Panel must always be concerned about
issues of fairness, due process, or possible procedural infractions. The integrity of the Synod itself is
dependent upon its commitment, willingness, and ability to follow the rules and covenants the
membership itself has established, both as the basis of joining in our walking together as well as the
grounds and process for involuntary removal.
In an overview of membership issues, Bylaw 2.1.1 states:
Included in the objectives of the Synod as stated in its Constitution are, under Scripture and the Lutheran
Confessions, to “provide evangelical supervision, counsel, and care for pastors, teachers, and other professional
church workers in the performance of their official duties” and to “provide protection for congregations,
pastors, teachers, and other church workers in the performance of their official duties and the maintenance of
their rights” (Article III 8, 9). In view of this, it is clear that membership in The Lutheran Church—Missouri
Synod, whether individual or congregational, is viewed as a valuable asset to be carefully monitored and
managed. In order for this to occur, it is necessary for standards to be developed and maintained for the benefit
of all members so that its value is not diminished or destroyed. Consequently, it is important for the Synod to
establish the standards and qualifications it believes necessary for acquiring and maintaining the status of
membership as well as procedures for protecting those who attain it (emphasis added).

Although directed to a dispute resolution process issue rather than an expulsion, the following comments
of the CCM in Opinion 08-2514A apply here as well:
Question 7: May the Dispute Resolution Panel in its proceedings consider issues raised by the parties
pertaining to the total process of dispute resolution?
Opinion: The goal of the entire dispute resolution process is reconciliation. Any action which might assist in
that process should be considered by the panel. It is the responsibility of each participant in the process to
maintain and assure the integrity of the process. As the panel works toward a final decision, it should consider
and resolve any issue raised pertaining to the process of dispute resolution.

The process of expulsion from the Synod is a very serious matter, and the goal of the process is always
reconciliation. The Synod has spent considerable time and resources establishing and refining the process
of expulsion, which process always begins with concerted efforts at reconciliation, and only where that
has failed moves on to formal consideration of removal under Constitution Article XIII. Fairness and due
process are fundamental keys, not just to protect each member but to maintain the purposes and mutual
covenants which are the foundation of the Synod.
With respect to the final question, the answer is “yes.” The responsibility of the Final Hearing Panel
includes all matters leading to the possibility of expulsion, including matters relating to all steps leading
toward expulsion, including the procedures of a special hearing panel when used, as well as the actions or
inactions of the Secretary of the Synod as administrator relating to such special hearing panel. The real
question, as discussed below, is how the panel should proceed based on its analysis and findings as to
those matters.
Question 2: Section 4.5 (k) of the Guidelines for Section 2.14, second sentence, states: “If it involves
questions of constitution or bylaw interpretation, each party shall have a right to an
interpretation from the Commission on Constitutional Matters (CCM).” Paragraph 4.5 (k)
(1) states: “The request for an opinion must be made through the panel, which shall
determine the wording of the question(s).” May a hearing panel decide to not submit
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