LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 14, 1999, Page 5

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3. Does the LCMS require that an individual who is a member of a LC-MS congregation but not a
member of the LC-MS (i.e., not an ordained nor a commissioned minister) waive their individual rights
as a prerequisite for participating in the LC-MS Synodical Dispute Resolution Process (i.e.,
Reconciliation, Dispute Resolution Panel, etc.)-even without individual consent, or in the event that the
individual retains/reserves their rights to prior to participating in the LC-MS Synodical Dispute
Resolution Process?
Response to Question 3: The Commission understands this question to relate to a layperson and the effect of
the Synod’s dispute resolution process on such a layperson. Bylaw 8.01 defines the parties involved in a
dispute who are subject to the dispute resolution process. They are:
Members of the Synod.
The Synod itself.
A District of the Synod
An organization owned and controlled by the Synod
Persons involved in excommunication.
Lay members of congregations of the Synod holding positions with the Synod itself or with Districts or
other organizations owned and controlled by the Synod.
Relative to number 5 above, “persons involved in excommunication, Bylaw 8.13, b, 1, limits the dispute
resolution process to procedural questions involved in excommunication cases. Therefore, the process can
be utilized to question the procedure followed in an excommunication matter; it cannot be used to review
the facts, which serve as the basis of the excommunication.
“Members of the Synod” is defined in Article V of the Constitution of the Synod. Members of the Synod
sign the Constitution of the Synod and thus are bound by the dispute resolution process as set forth in
Chapter VIII of the Bylaws of the Synod. Laypersons, who are members of congregations that are members
of the Synod, are not themselves members of the Synod. Since such laypersons are not members of the
Synod, they have not agreed to be bound by the dispute resolution process of the Synod and thus waive
none of their rights by participating in the process.
While laypersons do not meet the technical definition of “member of Synod” as defined in the Bylaws, they
are nevertheless encouraged to participate fully in the synodical dispute resolution process. Each person or
party to a dispute is urged “by the mercies of God to proceed with one another with ‘the same attitude that
was in Christ Jesus’ (Phil. 2:5)” (Preamble to VIII. Synodical Dispute Resolution, Handbook, p. 125) For
the sake of the Gospel those who are not “members of the Synod” are invited to employ the means Synod
has provided for the resolution of disputes.
4. During LC-MS Synodical Dispute Resolution (Reconciliation, Dispute Resolution Panel, etc.), does
the Congregation retain its right of self-government?
Response to Question 4: As stated in Bylaw 8.11, a congregation retains the right of self-government it has
as a member of the Synod during the dispute resolution process: “The congregation’s right of selfgovernment shall be recognized.”
5. According to LC-MS Synodical Dispute Resolution Procedure Rule 27, what are the congregation’s
“scriptural responsibilities toward its member”, and what Scripture verses serve as the basis for the
congregation’s “scriptural responsibilities toward its member”?
Response to Question 5: The Synod’s dispute resolution “Rules of Procedure” were created as a result of
1995 Res. 7-03B, which directed their formulation. Accordingly, the Commission can render an opinion on