LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 4, 1993, Page 1

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In response to your request for an opinion of the Commission on Constitutional Matters with respect to
issues which may be considered by a Dispute Resolution Panel in a matter of excommunication, the
Commission provides the following response:
1.

A Dispute Resolution Panel may conclude that the congregation (lid or did not follow the
procedures established in its constitution and bylaws. If it concludes that it did not, it is assumed the
congregation will rescind its action. If it refuses to do so, it then becomes the responsibility of the
district president to deal with the matter.

1.

In the process of reviewing the matter, the Dispute Resolution Panel may consider the procedure
which was followed and express its opinion as to whether it is in harmony with the doctrine and
practice of the Synod but may not invalidate the excommunication on that basis if the constitution and
bylaws have received district approval and were followed.

1.

In the process of reviewing the matter, the Dispute Resolution Panel may state its opinion regarding
the basis for the action taken but may not on that basis invalidate the excommunication if the
constitution and bylaws have received district approval and have been followed.

With respect to point 3, it should be noted that while the congregation is autonomous, by its membership in
the Synod it has covenanted with others in regard to doctrine and practice. It is pledged by its membership
in the Synod to honor and uphold the doctrinal position and the resolutions of the Synod. It is for this reason
that Bylaw 8.11 states that the ". . . Dispute Resolution Panel may review the decision of the congregation
according to the Holy Scripture and shall either uphold the action of the congregation or advise the
congregation to review and revise its decision." In other words, if it determines that the basis for the action
was contrary to Holy Scripture, it may advise the congregation to take action as indicated. Because it is
autonomous, the congregation need not do so. However, if it does not, the remainder of the bylaw applies as
it states,
If the congregation does not revise its decision, the other congregations of the Synod shall not be required
to respect this decision, and the district involved shall take action with respect to the congregation as it
may deem appropriate.
All of the above is consistent with Bylaw 8.21 a, which requires that
1.

Reconcilers and Dispute Resolution Panels shall be governed in all their actions by holy Scripture,
the Lutheran Confessions, and the Constitution and Bylaws of the Synod.

and with Bylaw 8.21 i, which states,
1.
If any part of the dispute involves a specific question of doctrine or doctrinal application, each party
shall have the right to an opinion from the Commission on Theology and Church Relations ... Any
opinion received must be followed by the Dispute Panel.
The Commission hopes that the opinion provided above will assist the Dispute Resolution Panel as it carries
out its work.
65. The Use of Matthew 18 In Suspension Procedures (Ag 1973) : A teacher who had been suspended by
a district president asked that an opinion be secured from the Commission on Constitutional Matters with
respect to the action of a district president on the basis of Bylaw 2.27 a 2 and 2.27 c 2 d. It was his
contention that these bylaws had not been followed since he had not been allowed to, as he stated, know
who his accusers were or was given the opportunity to face them.