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	October 31, 2003 .................... LCMSNews -- No. 126

	CCM addresses questions growing out of Benke case

	No, an LCMS vice president may not reject a Synod resolution as
he carries out his official duties. Yes, a Synod convention may address
issues related to a dispute-resolution panel's decision.

	Those, in brief, are answers given Sept. 30 by the Commission on
Constitutional Matters (CCM) to questions asked as a result of the
dispute over Atlantic District President David Benke's participation in
the post-9/11, 2001, "A Prayer for America" at Yankee Stadium.

	Benke was suspended in June 2002 by Synod Second Vice President
Wallace Schulz in response to formal complaints over Benke's
participation. After a dispute resolution panel in April lifted the
suspension, Schulz went on record saying the panel had ruled on the
basis of a "manmade" Synod convention resolution instead of God's Word
and had "sinned" by doing so.

	Schulz's reference is to 2001 convention Res. 3-07A, which
commends "for continued use and guidance" two documents on
church-fellowship issues. The dispute resolution panel said it heard
testimony that Synod President Gerald Kieschnick had approved Benke's
participation in the New York event on the basis of that resolution.

	The CCM said that the Synod convention, which may adopt
doctrinal resolutions, regards Res. 3-07A as in harmony with Scripture
and the Lutheran Confessions.

	"An LCMS vice president or any officer of the Synod in the
performance of their official duties may not reject any resolution of
the Synod," the CCM said. "As a member of the Synod, the officer must
follow the avenues of dissent as set forth in Bylaw 2.39c and abide by
the provisions of Bylaw 1.09."

	Bylaw 2.39c outlines how a Synod member is to proceed if he or
she dissents from the doctrinal position of the Synod. Bylaw 1.09 deals
with adoption of doctrinal resolutions and statements and members'
responsibility to honor and uphold them.

	Final decisions made in the dispute-resolution process may not
be overturned, even by a Synod convention. With that in mind, a pastor
asked the CCM if a convention could consider a resolution that
"repudiates" a specific decision and establishes a contrary finding that
sets a precedent for future decisions.

	"It is a function of the conventions of the Synod to establish
general synodical positions ..., which, unlike panel decisions that are
not precedential ..., are to be honored and upheld by its members ...,"
the CCM said.

	"Amendments to bylaws or constitutional provisions which were
considered in a dispute resolution panel decision may be modified ...,"
the CCM continued. "The Synod in convention may thereby consider an
overture that addresses an issue that was also an issue in a dispute
resolution panel's decision."

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	If you have questions or comments about this LCMSNews release,
contact Joe Isenhower Jr. at joe.isenhower@lcms.org or (314) 996-1231,
or Paula Schlueter Ross at paula.ross@lcms.org or (314) 996-1230.

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