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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 10-11, 1992, Page 12
Source: LCMS Commission on Constitutional Matters minutes, file copy
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Transcription machine transcription, uncorrected
However, despite great effort by all parties, and some potential give and take suggestions not in conflict
with the spirit of the Bylaws, it has become obvious that there are fundamental differences in
interpretations that at this juncture cannot be reconciled.
While there are a number of bylaws in dispute, the interpretation of which contribute to the problem,
the major point of conflict would be the effect of: would be the effect of:
Bylaw 8.69 (p. 135)
Finality of Decisions
All final decisions of the Commission on Appeals of the Synod and all unappealed decisions
of a Commission on Adjudication shall be binding upon all parties to the case and not subject to
review, reversal, amendment, or so long as the obligation imposed by Bylaw 8.51,f is observed.
Bylaw 8.37 (p. 132)
Jurisdiction or Venue of Commission Disputed
Where jurisdiction or venue of a Commission on Adjudication is disputed, the Commission
on Appeals shall make the decision on jurisdiction or venue. This decision shall be final and
binding. Any party, or any Commission on Adjudication, may request a ruling from the
Commission on Appeals. The Commission on Appeals may hold such hearings as it deems
advisable prior to reaching its decision.
Bylaw 8.51,f (p. 133)
Establishing and Amending Rules of Procedure
f. In the event that questions of interpretation of Synod's Constitution, Bylaws, and
resolutions or questions of interpretation of theological issues arise, the Commission on
Adjudication or the Commission on Appeals, at the request of either party, shall seek the
advisory opinion of the Commission on Constitutional Matters on questions of interpretation of
the Synod's Constitution, Bylaws, and resolutions and also that of the Commission on Theology
and Church Relations on questions of interpretation of theological issues and shall follow such
interpretations.
Bylaw 3.533,d (p. 65)
Functions
(The CCM shall)
d. interpret the Synod's Constitution, Bylaws, and resolutions and render advisory opinions
upon the written request of a member (congregation, ordained or commissioned minister),
official, board, commission, or agency of the Synod. Such a request may be accompanied by a
request for an appearance before the Commission. An opinion rendered by the Commission
shall be binding on the question decided unless and until it is overruled by a synodical
convention.