LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 2, 1995, Page 2

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Since the Bylaws do not speak of an "agreement to arbitrate," the signing of such a document cannot be
required. Therefore, the refusal to sign such an agreement does not result in automatic termination of
membership in the Synod.
Nevertheless, a number of factors must be noted as bearing on this question.
1.

Bylaw 8.21, a, requires only that "Dispute Resolution Panels shall be governed in all
their actions by Holy Scripture, the Lutheran Confessions, and the Constitution and Bylaws
of the Synod."

1.

Dispute Resolution Panels have latitude in determining the manner in which the
hearing is conducted. For example, they [emphasis added] "shall determine the number of
witnesses necessary for a full and complete understanding of the facts involved in the
dispute. It shall question parties and witnesses directly and may also permit the parties to
do so." Bylaw 8.21, g.

In view of the above, it is not necessary that a decision to arbitrate be drawn up or signed. This is so
because by voluntary membership in the Synod, parties have agreed that, "The use of the Synod's
conflict resolution procedures shall be the exclusive and final remedy [emphasis added] for those who
are in dispute" (Chapter VIII Preamble). They have also agreed that "the final decision of a Dispute
Resolution shall 1) be binding upon the parties to that dispute and not be subject to further appeal"
(Bylaw 8.09 e 1). Thus, while not requiring the signing of an agreement to arbitrate, the bylaws do
require participation in the Dispute Resolution process of the Synod as outlined in Chapter VIII of the
Handbook for the purpose of resolving disputes. Refusal to do so on the part of one requesting the
hearing would result in termination of membership if a matter of suspension of membership is involved.
As the preamble also states, "Fitness for ministry and other theological matters must be determined
within the church." Obviously, this means that members of the Synod agree that the secular courts are
not the arena for such decisions.
Since the Dispute Resolution Panel is to be "governed by the Holy Scripture, the Lutheran Confessions,
and the Constitution and Bylaws of the Synod," the question might well be asked whether or in what
particulars an agreement to arbitrate violates this standard. If none can be shown, the panel could
merely state that it will conduct its hearing on the basis of the understandings contained in the
agreement to arbitrate, refusal to sign the document notwithstanding. Its decisions would still be
binding.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters - May 20,1995 Telephone Conference
122 : The Commission on Constitutional Matters met in telephone conference on May 20 to consider the
request of the Board of Directors of the Synod to meet with the Board and also to defer implementation of
the opinion regarding identification of The Lutheran Church -Missouri Synod for accounting purposes.
In addition, the Commission also considered a request from President Emeritus Dr. Ralph Bohlmann, in
which he asked the Commission to reconsider its opinion.
Secretary Walter Rosin did not participate in the telephone conference.