LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 2, 1994, Page 5

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1.

Specifically, does congregational autonomy include the authority to dismiss a pastor for other than
the scriptural reason of false doctrine, immoral life, and the inability of the pastor physically to carry
out the duties of his office?

In responding to the requests, the Commission provided the following opinion:
1) Congregational autonomy is referred to in Constitution Article VII which states:
Article VII Relation of the Synod to Its Members
In its relation to its members the Synod is not an ecclesiastical government exercising
legislative, or coercive powers, and with respect to the individual congregation's right of
self-government it is but an advisory body. Accordingly, no resolution of the Synod
imposing anything upon the individual congregation is of binding force if it is not in
accordance with the Word of God or if it appears to be inexpedient as far as the condition
of a congregation is concerned.
This is further defined in Bylaw 2.39.
2.39 Relation of the Synod to Its Members
a. The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all
congregations and individual members of the Synod. The Synod expects congregations that
have not been received into membership, but are served by the Synod, and whose ministers
of religion, ordained and commissioned, hold membership in the Synod, to honor its rules
and regulations.
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.
d. Membership of a congregation in the Synod gives the Synod no equity in the property of
the congregation.
Bylaw 8.11 also refers to the congregational autonomy when it states,
8.11 Congregation's Right of Self-Government
The congregation's right of self-government shall be recognized. However, when a decision
of a congregation is at issue, a Dispute Resolution Panel may review the decision of the
congregation according to the Holy Scriptures and shall either uphold the action of the
congregation or advise the congregation to review and revise its decision. If the
congregation does not revise its decision, the other congregations of the Synod shall not be