LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 23, 1998, Page 3

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Accordingly an opinion rendered by the CCM must be implemented by a DRP and, further,
a decision by a DRP must be changed, modified, or otherwise revised to bring it into accord
with an opinion of the CCM.
Bylaw 8.21, i, does set forth a procedure to secure a CCM opinion during the dispute
resolution process and it concludes with the sentence: "Any opinion received from the
Commission on Constitutional Matters must be followed by the Dispute Resolution Panel
or Review Panel."
8. Finally, under the Constitution and the Bylaws of the Synod, who, finally, has the authority to
implement DRP rulings and what recourse is available if and when DRP decisions are not
carried out by parties to a dispute?
The answer to this question is most difficult because of the vast number of scenarios that
can give rise to a matter coming before a DRP. As previously noted, Bylaw 8.09 designates
". . . the appropriate person, group or member of the Synod" to carry out the decision of a
DRP. This, however, begs the question as to who is "appropriate" and "appropriate" will
vary with the nature of the case. The "appropriate" persons, group, or member cannot be
contrary to a bylaw provision designating a specific procedure to be followed to accomplish
the result.
Likewise, there is no definitive provision in the Constitution or Bylaws as to what recourse
is available when a DRP decision is not carried out by the parties to a dispute as required
by Bylaws 8.09, c, 4, a, and 8.09, e, 1. Bylaw 2.39, a, states "The Constitution, Bylaws, and
all other rules and regulations of the Synod apply to all congregational and individual
members of the Synod." Bylaw 2.39, c, states "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 uphold the resolutions of the Synod."
Article VII of the Constitution of the Synod states: "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."
Bylaw 2.39, b, specifically addresses itself to congregations and states: "The Synod expects
every member congregation to respect its resolutions and to consider them of binding force
if they are in accord 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."
The Preamble to Chapter VIII of the Bylaws provides: "The use of the Synod's conflict
resolution procedures shall be the exclusive and final remedy for those who are in dispute."
Also, Bylaw 8.09, e, stresses the finality of the decision by stating: "The final decision of
the Review Panel shall be binding upon the parties to that dispute and not be subject to
further appeal."