Render Unto Synod What Is Synod's

Remember the 1989 Tiananmen Square protests in China, which eventually resulted in bloodshed? A lone man bravely stood in front of a column of rumbling Chinese tanks, temporarily blocking the inevitable march of totalitarianism. The same thing has happened in the Lutheran Church – Missouri Synod when the Southern Illinois District temporarily blocked the inevitable march of the Synod’s Ablaze! money making machine, Fan Into Flame.

Last February, at the Southern Illinois District's Convention they voted not to fund Fan Into Flame and instead resolved to fund their own alternative plan. Not so fast, says the LCMS Commission on Constitutional Matters. The CCM has issued a not-so-subtle reminder that the SID’s resolution is null and void. The tanks continue to roll. Render unto Synod what is Synod's...

Here is the text from the applicable portion of the CCM’s minutes of their April meeting. Synod has spoken:

93. Agency Resolutions and Synod Actions (09-2556)

A pastor of the Synod, in an e-mailed March 18, 2009 letter, asked the following questions regarding an agency’s possible negative response to an action taken by the Synod.

Question 1: May an agency of the Synod (such as a district), by defeating a resolution to participate in a Synod initiative or action (or by any other means) opt not to participate in an initiative or action passed by the Synod in convention? What would be the effect of an agency’s resolution to participate in an initiative or action passed by a resolution of the Synod in convention, which is defeated by the agency? How should the members of the Synod regard an agency’s resolution to participate in an initiative or action passed by a resolution of the Synod in convention, which is defeated by the agency? How should the officers of the national Synod and/or the various districts of the Synod regard such a resolution?

Question 2: May an agency of the Synod (such as a district), by passing a resolution not to participate in a Synod initiative or action (or by any other means) opt not to participate in an initiative or action passed by the Synod in convention? What would be the effect of an agency’s resolution not to participate in an initiative or action passed by the Synod in convention? How should the members of the Synod regard an agency’s resolution not to participate in an initiative or action passed by the Synod in convention? How should the officers of the national Synod and/or the various districts of the Synod regard such a resolution?

Opinion: An agency of the Synod is defined in Bylaw 1.2.1 as follows:

1. Agency: An instrumentality other than a congregation, whether or not separately incorporated, which the Synod in convention or its Board of Directors has caused or authorized to be formed to further the Synod’s objectives.
1. Agencies include each board, commission, council, seminary, university, college, district, Concordia Plan Services, and each synodwide corporate entity.

As defined, an agency is an instrumentality authorized, formed, or created by the Synod in order to fulfill or further the Synod’s objectives. As suggested by the questions, a district is certainly an agency of the Synod.

Bylaw 1.4.1 describes the relationship of the Synod to all of its officers and agencies:

The delegate convention of the Synod is the legislative assembly that ultimately legislates policy, program, and financial direction to carry on the Synod’s work on behalf of and in support of the member congregations. It reserves to itself the right to give direction to all officers and agencies of the Synod [emphasis added]. Consequently, all officers and agencies, unless otherwise specified in the Bylaws, shall be accountable to the Synod for all their actions, and any concerns regarding the decisions of such officers or agencies may be brought to the attention of the Synod in convention for appropriate action. This provision does not apply to specific member appeals to the Concordia Plans, which has its own appeal process for such cases.

Certain agencies of the Synod, including districts, have particular authority to make recommendations to the Synod through its national convention. In doing so, however, agencies of the Synod, including districts, are not allowed to ignore or overrule the decisions of the Synod, but rather to influence or seek to influence the Synod through its conventions. Bylaw 1.4.2 reads as follows:

The delegate convention of each district of the Synod receives reports and counsel from the national Synod, makes recommendations thereto, assists in implementing decisions of the Synod, and adopts or authorizes programs to meet the unique needs of the district.

With respect to districts as agencies of the Synod, districts hold a special relationship to the Synod. As indicated in Bylaw 4.1.1: “The Synod is not merely an advisory body in relation to a district, but establishes districts in order more effectively to achieve its objectives and carry on its activities.” Bylaw 4.1.1.1 is even more explicit as it relates to districts: “A district is the Synod itself performing the functions of the Synod. Resolutions of the Synod are binding upon the districts.” Bylaw 1.3.6 makes clear a district’s responsibility over against resolutions of the Synod: “Districts and circuits as component parts of the Synod are obligated to carry out resolutions of the Synod and are structures for congregations to review decisions of the Synod, to motivate one another to action, and to shape and suggest new directions.”

Some resolutions of the Synod are intended to require participation by every agency of the Synod. Others are intended to encourage, but not require, participation by agencies of the Synod. Yet others may identify specific goals or objectives of the Synod, leaving to agencies of the Synod to determine whether or not the initiative falls within their area of expertise or responsibility. To the extent that a resolution of the Synod establishes an initiative directing action or participation by an agency of the Synod, whether a district or other agency, it is not the prerogative of the agency to determine whether it wants to participate. Rather, it is required as part of its covenant with the Synod to do so. The refusal of an agency of the Synod, including a district, to follow or accept the resolutions of the Synod is without authority and should be considered null and void.

This issue has been raised in the past. For example, in Ag. 632 (1974) the Commission on Constitutional Matters opined: “All resolutions of districts which provide for district action which is in conflict with the above are unconstitutional and therefore null and void (Article XII, 2; Bylaw 3.07). Districts and district presidents are obligated to carry out the resolutions of the Synod (Article XII, 9, a; Bylaw 3.07, a).” [The referenced Bylaw 3.07 is now Bylaws 4.1.1 and 4.1.1.1 in the 2007 Handbook.]

Similarly, with respect to doctrine taught and practiced by the Synod through its resolutions, the issue has previously been raised in Opinion 00-2212, as follows:

Bylaw 2.39, c [2007 Handbook Bylaw section 1.8] describes the procedure for dissent to doctrinal resolutions of the Synod by members of the Synod. Districts are not members of the Synod but are divisions of the Synod, “the geographical boundaries of which are determined by the Synod and are altered by it according to circumstances” (Article XII, 1). “The Synod establishes districts in order more effectively to achieve its objectives and carry on its activities” (Bylaw 4.01) [2007 Bylaw 4.1.1]. As such, districts “as component parts of the Synod are obligated to carry out the resolutions of the Synod” (Bylaw 1.05, f) [2007 Bylaw 1.3.6]. An official action by a district, therefore, to file an expression of dissent to the Synod regarding a doctrine taught and practices by the Synod is out of order and, therefore, null and void.

In circumstances where the Synod has adopted a resolution calling for action or participation by a specific agency of the Synod, or by all its agencies, the agency is not at liberty to ignore that resolution. Any attempt by the agency to pass a resolution calling for the agency’s disobedience of such resolution is without authority and thus should be considered null and void. Under such circumstances, the matter should be brought to the attention of the President of the Synod, who is charged under Bylaw 3.3.1.2: “The President shall oversee the activities of all officers, executives, and agencies of the Synod to see to it that they are acting in accordance with the Constitution, Bylaws, and resolutions of the Synod.”


photo credit: Chris & Lara Pawluk