LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 28, 1996, Page 6

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This is a theological, not a constitutional question which should therefore be presented to
the Commission on Theology and Church Relations.
9. Is a congregation member excommunicated when a church voters' assembly recognizes a
member's withdrawal from fellowship and removes his or her name from the congregation's
membership list as a result of such a member failing to attend church services and partake
of the Lord's Supper?
This is a theological, not a constitutional question which should therefore be presented to
the Commission on Theology and Church Relations.
10. May a congregation of the LCMS be suspended and expelled from membership in Synod if
it declines to participate in Chapter VIII reconciliation procedures, informal and formal, in
an excommunication case, where it has not indicated that it would not honor whatever
decision a Chapter VIII dispute resolution panel made in such case?
The Commission understands this question to be asking whether mere lack of participation
in the reconciliation process identified in Chapter VIII of the Handbook is grounds for
suspension and removal from the Synod. The assumption is that the congregation has not
made a statement as to whether or not it will abide by the decision of a Dispute Resolution
Panel.
In response, the Commission states as its opinion that lack of participation would not be
grounds for removal. However, if the congregation not participating in the process refuses
to honor the final decision made by the Dispute Resolution Panel or other panels as
identified in the Bylaws, it would then be subject to possible suspension and expulsion.
11. May a congregation of the LCMS be suspended and expelled from membership in Synod if
it declines to participate in Chapter VIII reconciliation procedures, informal and formal, in
an excommunication case, where it has been threatened with civil litigation by dissident
former members and where it has not indicated that it would not honor whatever decision a
dispute resolution panel made in such case?
The Commission understands this question to mean that the congregation has decided not
to participate in the reconciliation process because it is threatened by a lawsuit instituted by
the other party(ies) involved. However, it has not said that it will not abide by the decision
reached by a Dispute Resolution Panel.
With the caveat noted above, i.e., that if the decision is not honored the congregation is
subject to possible suspension and expulsion, the Commission responds that the
congregation may not be suspended or expelled. The Commission would also observe that
anyone actually reverting to legal procedures in a matter in which the process described in
Chapter VIII could be utilized might forfeit the right to utilize that process and would be
subject to church discipline. The Commission would further note that if a congregation
does not participate or abide by the decision of a Dispute Resolution Panel, it provides an
opportunity for the other party to utilize the secular courts in resolving issues because the
congregation has not followed the process established by the Synod for doing so.
12. May a congregation of the LCMS be suspended and expelled from membership in Synod
for publicly stating that women's suffrage is contrary to Holy Scripture?