LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 14, 1990, Page 3

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of all such bodies. Nothing in the Constitution or Bylaws grants the Commission on Appeals or any
other person or group such unrestricted authority.
It follows then that the Commission on Appeals may not make a final decision which is contrary to a
bylaw or constitutional interpretation previously provided by the Commission on Constitutional
Matters, which is the only body (other than the Synod in convention itself) granted the authority to
render binding interpretations of the Constitution, Bylaws and resolutions of the Synod (Bylaw
3.533,d). Neither can the Commission on Appeals make a decision which would be contrary to the
confessional article of the Constitution or to an official doctrinal position adopted by the Synod in
convention and by its congregations. Bylaw 1.09,b, states:
Doctrinal resolutions may be adopted for the information, counsel, and guidance of the
membership. They shall conform to the confessional position of the Synod as set forth in Article
II of its Constitution and shall ordinarily cite the pertinent passages of the Scriptures, the
Lutheran Confessions, and any previously adopted official doctrinal statements of resolutions of
the Synod. Such resolutions come into being in the same manner as any other resolutions of a
synodical convention and are to be honored and upheld until such time as the Synod amends or
repeals them.
In addition, Bylaw 1.09,c,6 and 7 state: [Such doctrinal statements shall be]
6. ratified and operative if a two-thirds majority of the member congregations which respond
within six months registers an affirmative vote on a ballot supplied by the synodical Secretary
for that purpose. Failure to ratify makes the statement inoperative, and this fact shall be
reported by the Secretary to the members of the Synod through an announcement in an
official periodical.
7. Such adopted and ratified doctrinal statements shall be regarded as the position of the Synod
and shall be "accepted and used as helpful expositions and explanations" (FC SD Rule and
Norm 10). They shall be honored and upheld ("to abide by, act, and teach in accordance with"
[1971 Res. 2-21]) until such time as the Synod amends or repeals them.
Also relevant are Bylaw 2.39,b and c. These bylaws state
b. The Synod expects every member congregation to respect its resolutions and to consider them
of binding force if they are in accordance with the Word of God and if they appear applicable
as far as the condition of the congregation is concerned. The Synod, being an advisory body,
recognizes the right of the congregation to be the judge of the applicability of the resolution
to its local condition. However, in exercising such judgment, a congregation must not act
arbitrarily, but in accordance with the principles of Christian love and charity.
c. While retaining the right of brotherly dissent, members of the Synod are expected as part of
the life together within the synodical fellowship to honor and to uphold the resolutions of the
Synod. If such resolutions are of a doctrinal nature, dissent is to be expressed first within the
fellowship of peers, then brought to the attention of the Commission on Theology and Church
relations before finding expression as an overture to the convention calling for revision or
recission. While the conscience of the dissenter shall be respected, the consciences of others,
as well as the collective will of the Synod, shall also be respected.