LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 22, 1995, Page 5

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1.

Based upon Bylaw 8.01, can an individual person who is a member of an LCMS congregation,
but not a member of Synod itself, has not been excommunicated, and does not hold any position in
the Synod or any district or with any organization controlled by the Synod, compel a member of
Synod to proceed through the dispute resolution process of Chapter VIII of the Bylaws?

1.

Does a District President, under Article XII of the constitution or elsewhere in the Constitution or
Bylaws, have the authority to excommunicate a person or declare the person excommunicated from
a congregation when the congregation has not excommunicated the person, particularly in light of
Article VII of the Constitution?

1.

Does the Secretary of the Synod or a District President have the authority to make the decision to
bypass the reconciliation process of Bylaws 8.05 and 8.07 because one of the parties to the dispute
states that he is not interested in reconciliation? Are there any circumstances where Bylaws 8.05
and 8.07 can be bypassed?

In clarifying the background for the questions, the Secretary had pointed out that the pastor, and probably
the Church Council, had placed some members of a congregation under the "minor ban." These members
had not been allowed to receive Holy Communion for almost a year, during which time the District
President had met with the members and congregations officials to seek to resolve the issues. Finally, he
had declared that what was reported to be the minor ban had become a de facto excommunication which
would allow the members to utilize the Dispute Resolution process.
Furthermore, it was reported that the District President had sought to have the congregation use a
reconciler, but that it was his understanding that the congregation refused to do so. At this point in time, the
Council and the pastor were saying that this was not so and that they were willing to use a reconciler and, in
fact, that is what they wanted.
At the request of the "excommunicated" members, initial efforts were made to constitute a Dispute
Resolution Panel.
In view of the information which had been received and in view of the developments which had taken
place, the Commission decided to respond as follows:
Predicated upon the developments, the Commission does not believe that there is a need to respond to
the questions at this time. Basically, the Commission believes that the Bylaws are clear and it would be
the responsibility of a Dispute Resolution Panel to determine whether those Bylaws have been violated.
The Commission would further note that it is not clear whether it is the congregation which has
forwarded the questions or whether they have been forwarded by the individual signers or by the groups
in the congregation which they represent. Bylaw 3.905, d, states that the Commission is to
"interpret the Synod's Constitution, Bylaws, and resolutions upon the written request of a
member (congregation, ordained or commissioned minister), official, board, commission, or
entity of the Synod."
The Commission is not in a position to respond to individual members of or groups within member
congregations of the Synod.
Since the questions imply a matter which may be in dispute or which may involve a conflict, the
Commission expresses its hope and prayer that the parties will meet to resolve their differences on the
basis of the issues involved rather than on the question of whether or not rules have been violated.