Appendices
L. Blecker

 

APPENDIX i

VIII. SYNODICAL DISPUTE RESOLUTION

Preamble

When disputes, disagreements, or offenses arise among members of the Body of Christ, it is a matter of grave concern for the whole church. Conflicts which occur in the body should be resolved promptly (Matt. 5:23-23, Eph. 4:26-27). Parties are urged by the mercies of God to proceed with one another with "the same attitude that was in Christ Jesus." (Phil. 2:5). In doing so, individuals, congregations, and various entities within the Synod are urged to reject a "win-lose" attitude that typifies secular conflict. For the sake of the Gospel, the church should spare no resources in providing assistance.

The Holy Scriptures (1 Cor. 6:1-7) urge Christians to settle their differences by laying before the "members of the brotherhood." Therefore, Synod in the spirit of 1 Corinthians 6 calls upon all parties to a disagreement, accusation, controversy, or disciplinary action to rely exclusively and fully on the Synod’s system of reconciliation and conflict resolution. The use of Synod’s conflict resolution procedures shall be the exclusive and final remedy for those who are in dispute. Fitness for the ministry and other theological matters must be determined within the church. Parties are urged, in matters of a doctrinal nature, to follow the procedures outlined in Bylaw 2.39 c.

The words of Jesus in Matt. 18:15-20, provide the basis for church discipline for the local congregation. The same passage also grants Christ’s guidance to all Christians in seeking to settle other disputes, many of which fall outside the purview of church discipline involving the congregation. In either case, the steps of Matthew 18 should be applied lovingly in both formal and informal settings. The parties and others attempting to effect resolution of a dispute must always remain mindful that the church has been given the "ministry of reconciliation" (2 Cor. 5:18) Hence, conflict resolution in the church is to lead to reconciliation, restoring the erring member in a spirit of gentleness (Gal. 6:1). Its aim is to avoid the adversarial system practiced in society.

The heart and center of all Christian conflict resolution is the justification of the sinner through grace in Christ Jesus. Biblical reconciliation of persons in conflict begins with God’s truth that we are all sinners who have been reconciled to God through the death and resurrection of Christ Jesus. Christ’s "ministry of reconciliation" is one of the church’s foremost priorities.

Christian conflict resolution seeks to resolve disputed issues in a manner pleasing to God. Those in conflict are urged to proceed prayerfully in good faith and trust. Disputes are more likely to be resolved harmoniously if those involved in the conflict recognize one another as redeemed children of God.

Christians involved in conflict must always stand ready to ask for or extend forgiveness in accordance with Scripture. As the church endeavors to bring about peace, truth, justice and reconciliation, it always seeks to do so with a proper distinction between Law and Gospel, that is, in the context of God’s justice and mercy. We are ever to be mindful that it is God who judges the hearts of sinful men and grants His gracious word of forgiveness to us all.

 

1992 Handbook The Lutheran Church-Missouri Synod, p. 123

APPENDIX ii

 TO COMBAT FALSE DOCTRINE IN SYNOD

 

WHEREAS Romans 16:17 commands: "Now I beseech you, brethren, mark them which cause divisions and offences contrary to the doctrine which ye have learned; and avoid them;" and

WHEREAS the church stands or falls on the Doctrine of Justification and its correct teaching, the Large Catechism warns: "Now the name of God is profaned by us in words or in works. (For whatever we do upon the earth must be either words or works, speech or act.) In the first place, then, it is profaned when men preach, teach, and speak in the name of God what is false or misleading, so that His name must serve to adorn and to find a market for falsehood. That is, indeed, the greatest profanation of the divine name;"1 and

WHEREAS Chemnitz warns: "It is true that doctrine is the chief part of the ministry, and that if true doctrine is perverted and perverse opinions are established, the very ministry is changed. But the ministry of those who pervert doctrine must be avoided."2 and;

WHEREAS Walther says, "Hence every Christian is in duty bound, at the peril of losing his salvation, publicly to renounce those who, as he knows, pervert Christ’s Word and publicly to acknowledge and adhere to those who, he knows, publicly witness to Christ an His truth;"3 and

WHEREAS Concerning the orthodoxy of a church body, Pieper indicates: "A church body loses its orthodoxy only when it no longer applies Rom. 16:17, hence does not combat and eventually remove false doctrine, but tolerates it without reproof and thus actually grants it equal right with the truth;"4 and

WHEREAS an official document of LC-MS, BRIEF STATEMENT of the DOCTRINAL POSITION of the MISSOURI SYNOD, states: "The orthodox character of a church is established not by its mere name nor by its outward acceptance of, and subscription to, an orthodox creed, but by the doctrine which is actually taught in its pulpits, in its theological seminaries, and in its publications. On the other hand, a church does not forfeit its orthodox character through the casual intrusions of errors, provided these are combated and eventually removed by means of doctrinal discipline;"5 and;

WHEREAS LC-MS Constitution Article II, 2 requires all members of Synod to accept the Symbolical Books of the Evangelical Lutheran Church without reservation as a true and unadulterated statement and exposition of the Word of God;6 and

WHEREAS LC-MS Constitutional Article XIII, 1 states, "Members who act contrary to the confession laid down in Article II and to conditions of membership laid down in Article VI or persist in an offensive conduct, shall, after previous futile admonition, be expelled from the Synod;"7 and

WHEREAS Aforementioned Article XIII seems consistent with Scripture, the Confessions, writings of Chemnitz, Walther and Pieper; and

WHEREAS the Praesidium of LC-MS published a finding on March 29, 1999 in which it alleged that Dr. Robert Nordlie’s teaching and writing are " ‘reformed-like’ articulation of justification and Christian life."8 The Praesidium additionally cited Dr. Nordlie for causing offense in his congregation and beyond his congregation, and the Praesidium indicated it had previously expressed its concerns on the same matters to Dr. Nordlie; and

WHEREAS the Praesidium failed to exercise it responsibility under Article XIII with respect to Dr. Nordlie’s Synodical membership, thereby calling into question the orthodox character of LC-MS as articulated by Pieper and the "BRIEF STATEMENT", now therefore let it be

RESOLVED: That the Praesidium, within 90 days after the close of the Synodical Convention of 2000, shall once again meet with Dr. Robert Nordlie and determine whether or not Dr. Nordlie understands and teaches the Doctrine of Justification consistent with the position of the Confessions on Justification; and be it further

RESOLVED: Should the Praesidium determine Dr. Robert Nordlie persists in his " ‘reformed-like’ articulation of justification and Christian life" and thereby persists in giving offense, the Praesidium shall proceed according to Article XIII of LC-MS as prescribed in the Bylaws and direct the suspension of Dr. Nordlie’s Synodical Membership with a view to his expulsion from Synod; and be it further

RESOLVED the Praesidium shall at all times fulfill its obligations under Article XIII of the Synodical when it determines, under Bylaw §2.27b as prescribed in the Bylaws, a member is guilty of persistent false doctrine, and / or is guilty of violation of Article VI of the Synodical Constitution and / or offers persistent offense (in the Biblical sense); and be it finally

RESOLVED the Praesidium shall refrain from delegation of its responsibilities under Bylaw §2.27.b relative to Article XIII of the Synodical Constitution to any other member of Synod.

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1. Bente, F., CONCORDIA TRIGLOTTA, The Large Catechism , CPH, ST. Louis 1921, p. 709

2. Walther, C. F. W., KIRCHE UND AMT (Thesis VIII), CPH, St. Louis 1997, p. 128 (citing Examen concilii Tridentini, p. 237).

3. Walther, loc. cit., p. 137.

4. Pieper, F., CHRISTIAN DOGMATICS, Vol III, p. 423.

5. BRIEF STATEMENT of the DOCTRINAL POSITION of the MISSOURI SYNOD, Statement no. 29, CPH, p. 13.

6. 1995 HANDBOOK LUTHERAN CHURCH-MISSOURI SYNOD, p. 9.

7. Ibid., p. 16.

8. CN, April 19, 1999, p. 10.

APPENDIX iii

FOR ADJUDICATION IN SYNOD CONSISTENT WITH THE CONFESSIONS

 

1) WHEREAS St. Paul’s use of the civil courts in Acts 25 indicates adjudication of matters within the framework of constituted temporal authority is not inherently sinful and is consistent with his teaching in Romans 13; and

2) WHEREAS Article XIV of the APOLOGY accepts church regulations as set down by the ancient fathers, and thus recognizes the church is governed by human law and not divine law, which places church administration amongst that which is adiopheral and not commanded by God; and

3) WHEREAS Article XVI AUGUSTANA as well as Article XVI of the APOLOGY do not prohibit the use of civil courts for redress, and, indeed, encourage such use under existing civil (human) law; and

4) WHEREAS both Scripture and the Confessions see nothing inherently evil or unfair in the use of human law for redress or the processes associated therewith; and

5) WHEREAS the Lutheran Church has always made a distinction between Law and Gospel in the Scriptures, prohibiting the use of the Gospel as a new law or viewing Christ as a new Moses; and

6) WHEREAS prior to 1992, LC-MS enjoyed an adjudication system entirely consistent with the Confessions, which was adiopheral in nature, and used the general framework of civil court procedure to ensure fairness and consistency;

7) WHEREAS the 1992 Synodical Convention adopted a new adjudication system, which in its preamble sought appeal to several spurious Scripture citations, inter alia, equating the reconciliation of God to man in the Gospel to reconciliation of disputes within Synod, and requiring the new adjudication system as the only remedy to such disputes; and

8) WHEREAS in equating the reconciliation of the Gospel to dispute adjudication as the only permissible remedy in Synod, the Gospel has been made into a new law; and

9) WHEREAS the Reformed tradition, over and against the Lutherans, view Scripture as codex of laws of equal importance thereby confounding Law and Gospel and thereby transforming the Gospel into a new law; and

10) WHEREAS while the 1992 dispute adjudication contains distinctly Reformed tendencies; it contains a distinctly anti-Lutheran provision that precludes members of Synod the use of civil courts as a means of redress under peril of expulsion from Synod in contravention to both AUGUSTANA and the APOLOGY; and

11) WHEREAS the 1992 dispute adjudication deplores the use of civil procedure in contravention to Romans 13 as well as AUGUSTANA and the APOLOGY; and

12) WHEREAS a comparison of the pre-1992 dispute resolution process with the one currently in force indicates the latter is an inferior method of conflict resolution, since justice is the proper object of a formal adjudication process and nor reconciliation; therefore let it be

RESOLVED that the entire Section VIII of the current Bylaws be abolished by the 2001 Synodical Convention and replaced with Bylaws Section VIII in force previous to 1992; and be it finally

RESOLVED that the 2001 Convention elect Synodical members of Synodical adjudication bodies mentioned in Bylaws Section VIII previous to 1992, and that the Convention authorize the Boards of Directors of the several districts to appoint such members of district adjudication bodies mentioned in Bylaws section VIII prior to 1992 until such members may be elected at the district conventions in 2003.

 

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