LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 20, 1999, Page 6

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Bylaw 1.09 then concludes with Section d. which states: "Dissent from doctrinal resolutions and
statements shall be governed by Bylaw 2.39 c." The foundation of Bylaw 2.39, c, is Article VII of the
Constitution of the Synod. It reads:
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 the congregation is concerned.
Bylaws 2.35 "Duties of Members," and 2.39 "Relation of the Synod to Its Members" set forth the
meaning of Article 11. According to Bylaw 2.35, "Every member of the Synod shall diligently and
earnestly promote the purposes of the Synod by word and deed." Bylaw 2.39, c, describes how this is
done also in times of dissent:
c. 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 to uphold the
resolutions of the Synod. If such resolutions are of a doctrinal nature, dissent is to be
expressed first within the fellowship of peers, then brought to the attention of the
Commission on Theology and Church Relations before finding expression as an overture
to the convention calling for revision or recission. While the conscience of the dissenter
shall be respected, the consciences of others, as well as the collective will of the Synod,
shall also be respected.
By joining the Synod a member accepts the confessional standard of the Synod as expressed in Article 11
and elaborated upon in Bylaw 1.09. By joining the Synod a member agrees to honor and uphold the
resolutions of the Synod in public teaching. And this means that a member agrees "to abide by, act and
teach in accordance with" (1971 Res. 2-21). This is true not only when a member agrees with the
resolutions adopted by the Synod, but also when in disagreement with positions adopted by the Synod. By
joining the Synod a member promises that if there is disagreement with a doctrinal position of the Synod
dissent will not be expressed publicly but will follow the procedure set forth in Bylaw 2.39. Thus, Bylaw
2.39 can be used as a defense against an action under Bylaw 2.27 only if the member can establish that
the position of the Synod has been upheld in actions and teaching and that dissent has been limited to the
procedure set forth in Bylaw 2.39.
QUESTION 3: May a synodical Dispute Resolution Panel rule a Bylaw 2.27 suspension decision null
and void on the grounds that since the member of the Synod is making use of Bylaw 1.09,
d, and Bylaw 2.39, c, he can not be suspended and expelled from the Synod for embracing
and persisting in false doctrine?
OPINION : The extended opinion provided above to Question 2 provides the answer to this question. A
member that properly teaches and acts is permitted to raise questions under Bylaw 2.39. If a member of
the Synod embraces and persists in false doctrine and this is evidenced in actions or teachings, neither
Bylaw 1.09 nor Bylaw 2.39 provide a defense thereto.
73. Question Re Suspension of a Pastor and Request for Clarification of "Shall" in Article XIII of
the Constitution (99-2163)
In a letter dated August 20, 1999, a pastor of the Synod inquired regarding latitude and discretion on the
part of a District President in the suspension of a pastor. The Commission responds as follows:

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