To Memorialize Synod to Overrule CCM Opinions 02-2296 and 02-2309

WHEREAS, the Synod’s Commission on Constitutional Matters (CCM) has opined that the “Constitution and Bylaws of the Synod do not allow or contemplate the expulsion of a member of the Synod on the basis of an action taken with the full knowledge and approval of the appropriate ecclesiastical supervisor” (02-2296; see also opinion 02-2309); and

WHEREAS, Scripture repeatedly warns against partiality in judgment (Deut. 1:17; Eph. 6:9; Col. 3:25; James 2:1, 9) and against “making the word of God of none effect through [human] tradition” (Mk. 7:13, KJV), “teaching for doctrines the commandments of men” (Mk. 7:7, KJV), and Scripture teaches that “we must obey God rather than men” (Acts 5:29, KJV); and

WHEREAS, the CCM’s stance is also incompatible with the Lutheran Confessions, which teach that “it is not lawful for a human being to repeal an obligation that is plainly a matter of divine right” (Augsburg Confession XXVII, 24, Kolb-Wengert, p. 85) while denying that biblical texts such as Lk. 10:16 and Heb. 13:17 grant ecclesiastical supervisors any authority beyond the Gospel itself (Apology XXVIII, 17-21, pp. 291-292); and

WHEREAS, the CCM in effect changes the synodical constitution by granting immunity from expulsion to those who do not comply with the conditions of membership so long as they have secured the permission of their ecclesiastical supervisors; and

WHEREAS, a confessionally-based Synod cannot endure for long if its members are no longer held responsible for the words and actions by which they confess the faith; and

WHEREAS, District and Synod presidents can and may grant their approval to those under their supervision by way of confidential communications, making it difficult if not impossible for those who elect them to know about the immunities they have granted; and

WHEREAS, extenuating circumstances can be taken into account wherein a member of the Synod has sought the advice of the appropriate ecclesiastical supervisor in a difficult case; therefore be it

RESOLVED, that the 2006 South Dakota District convention memorialize the Synod to overrule CCM opinions 02-2296 and 02-2309.

Deut. 1:17 (ESV): You shall not be partial in judgment. You shall hear the small and the great alike. You shall not be intimidated by anyone, for the judgment is God's. And the case that is too hard for you, you shall bring to me, and I will hear it.

Ephes. 6:9 (ESV): Masters, do the same to them, and stop your threatening, knowing that He who is both their Master and yours is in heaven, and that there is no partiality with Him.

Col. 3:25 (ESV): For the wrongdoer will be paid back for the wrong he has done, and there is no partiality.

James 2:1 (ESV): My brothers, show no partiality as you hold the faith in our Lord Jesus Christ, the Lord of glory.

James 2:9 (ESV): But if you show partiality, you are committing sin and are convicted by the law as transgressors.

Luke 10:16 (ESV): “The one who hears you hears Me, and the one who rejects you rejects Me, and the one who rejects Me rejects him who sent Me.”

Hebrews 13:17 (ESV): Obey your leaders and submit to them, for they are keeping watch over your souls, as those who will have to give an account. Let them do this with joy and not with groaning, for that would be of no advantage to you.