Version History
Current published version
Today's Business, Issue 1. pp. 143-146. Original floor committee resolution.
No later published versions have been added.
Official Resolution Source Text
Resolution: 9-03
Canonical number: 9-03
Committee: Structure and Administration
Source: Today's Business, Issue 1
Printed pages: pp. 143-146
PDF pages: 143-146
Version: original, current-published-proposal
Source reference: Issue 1, pp. 143-146
Line numbers follow Today's Business, Issue 1, with numbering reset on each printed page, so delegates can compare this page with the official PDF.
Page 143
- To Amend Bylaws regarding Doctrinal Review
- RESOLUTION 9-03
- Overture 9-04 (CW, 452–54)
- Rationale
- The Synod has a sweeping basic principle of inclusivity for doctrinal review. It is stated in Bylaw 1.9.1.1 (a): “All official
- periodicals and journals of the Synod as well as any material with doctrinal content issued publicly by boards,
- commissions, or other subordinate groups of the Synod except as stipulated in these Bylaws shall be subject to doctrinal
- review.”
- An exception, recognized in the Synod’s Bylaws since 1971, is “study documents and exploratory material plainly
- designated as such,” as subparagraph (b) continues. In 2023, the Commission on Constitutional Matters (CCM) opined
- that “boards, commissions, or other subordinate groups of the Synod” (as Bylaw 1.9.1.1 [b] puts it) are constrained to
- release study materials related to their assignment from the Synod. For example, the CCM itself should not “produce study
- materials on exegetical [biblical interpretation] or doctrinal topics,” for these fields lie outside the CCM’s purview (CCM
- Opinion 23-3010, “Scope of Bylaw 1.9.1.1 [b] concerning Concordia Publishing House”). If Concordia Publishing House
- (CPH) itself were to release study materials, these would necessarily concern the responsibilities with which CPH is
- charged by the Synod, namely, publishing, marketing, and distribution. The CCM further noted that the vintage of some
- materials that might be published—dating, for instance, to the 16th century or earlier—does not exempt them from the
- requirement for doctrinal review, although the results of the review must be reported differently than when discussions
- can be held with living authors.
- In 2007, the Synod modified its previous bylaw from 1971 to provide for public issue of non-reviewed study materials and
- specified a disclaimer to be carried on or immediately after the publication’s title page, as still found in Bylaw 1.9.1.1 (b).
- In principle, the status of the materials as “study documents and exploratory material” remained unaltered. Yet in fact,
- when tentative materials are disseminated widely, especially in an age of instant communication and internet archiving,
- this very widespread distribution lends them a “staying power,” wrapping them in a mantle of permanency. Thus, is
- undermined in practice the spirit of the basic principle that doctrinal review is done on all materials with doctrinal content
- issued publicly by the Synod.
- In the proposal below, bylaws concerning doctrinal review are reorganized for clarity. The reorganization places bylaws
- related to appeal of doctrinal review certification (whether before or after publication) adjacent to those treating its initial
- determination. This should prevent misunderstanding by allowing more ready comparison and by presenting all doctrinal
- review material (except for matters strictly involving the related commission) together in one place. A new second sentence
- is added in Bylaw 1.9.1.1 (b) to memorialize the opinion of the CCM as to the scope of the “study document and
- exploratory material” exception.
- Therefore be it
- Resolved, That Bylaw section 1.9 and subsection 3.9.3 be amended as follows:
- PRESENT/PROPOSED WORDING
- 1.9 Doctrinal Review
- Definition
- 1.9.1 Doctrinal review is the exercise of the Synod’s responsibility to determine that every doctrinal statement
- made in its or any of its agencies’ or auxiliaries’ materials is in accord with the Scriptures and the Lutheran
- Confessions.
Page 144
- Material Subject to Doctrinal Review
- 1.9.1.1 The following materials are subject to doctrinal review:
- (a) All official periodicals and journals of the Synod as well as any material with doctrinal content
- issued publicly by boards, commissions, or other subordinate groups of the Synod except as stipulated
- in these Bylaws shall be subject to doctrinal review.
- (b) The right to produce study documents and exploratory material plainly designated as such and
- published by boards, commissions, or other subordinate groups of the Synod is recognized, and such
- material is not required to be submitted to the doctrinal review process. The material of such a document
- shall be within the purview of the respective board, commission, or other subordinate group; its intended
- distribution shall be limited to those who are competent to evaluate the issue critically; and the document
- shall serve only as a penultimate document intended to result in a clearer or more correct public
- presentation of doctrine or practice in subsequent documents or efforts. Publication of When released,
- such study material that is not submitted for doctrinal review shall always include this notice on or
- immediately following the title page: “This material is being released for study and discussion purposes,
- and the author(s) is(are) solely responsible for its contents. It has not been submitted to the process for
- doctrinal review stipulated in the Bylaws of The Lutheran Church—Missouri Synod and does not
- necessarily reflect the theology of the Lutheran Confessions or the doctrinal position of The Lutheran
- Church—Missouri Synod.”
- (c) Each district is accountable to the Synod through its respective president and board of directors for
- the content of all of its published materials.
- (d) Each of the Synod’s schools is accountable to the Synod through its respective president and board
- of regents for the content of its professional journals and all of its published materials that are not the
- official publications of the Synod (Bylaw 3.4.3.7). The editorial boards of such publications shall serve
- as their own doctrinal reviewers.
- (e) Auxiliary organizations recognized by the Synod shall be held directly accountable for their
- material. However, in accord with his office as defined in Constitution Art. XI B 1, the President of the
- Synod shall require doctrinal review.
- (f) In the case of broadcasts over the Synod’s radio station by other than staff members, individuals
- must be held responsible for their own material since it is not feasible to apply the process of doctrinal
- review to such broadcasts.
- (g) Official reports of the boards, commissions, task forces, and committees of the Synod prepared in
- response to directives from the Synod shall not be subject to doctrinal review.
- Procedure
- 1.9.2 Before materials stipulated in Bylaw 1.9.1 are published, they shall be submitted to (a) doctrinal reviewer(s).
- Reviewers shall make a careful evaluation of the doctrinal content of all items submitted. Materials are to be
- reviewed in a prompt manner and completed in no longer than four weeks. Exceptions shall be arranged by
- mutual agreement between the reviewer(s) and the originating entity.
- (a) The primary responsibility for doctrinal supervision and review lies with the President of the Synod
- (Constitution Art. XI B 1).
- (1) Each board, commission, and other subordinate group of the Synod shall advise the President
- of the Synod of the number and desired competency of doctrinal reviewers needed by it and may
- suggest a list of qualified persons. The President shall appoint reviewers for each group according
- to its needs. They shall be broadly representative of the ministry of the Synod.
- (2) Reviewers shall be appointed for renewable three-year terms. An appointment may be
- terminated prior to the completion of the appointed term if the reviewer is unable or unwilling to
- carry out the reviewing tasks assigned. In the event of such termination, the President of the Synod
- shall appoint another reviewer to complete the unexpired term.
- (b) Each agency of the Synod, synodwide corporate entity, or auxiliary shall establish procedures that
- will ensure that its material as specified in Bylaw section 1.9 will be submitted for doctrinal review to
- one of the reviewers referred to in Bylaw 1.9.2 (a).
- (c) Since time requirements vary according to the type of material being reviewed, the procedure in
- each case shall be worked out to the mutual satisfaction of the sponsoring group and the doctrinal
- reviewer(s).
- (d) The identity of authors and reviewers shall not be disclosed without the approval of the President.
- Consultation may at times be advisable, however, where clarification is necessary.
Page 145
- (e) The reviewer’s primary concern is that items submitted to him be in agreement in their doctrinal
- content with the Scriptures and the Lutheran Confessions.
- (f) The reviewer(s) shall also be concerned that the items submitted do not contain statements that are
- inadequate, misleading, ambiguous, or lacking in doctrinal clarity.
- (g) The reviewer(s) shall further be concerned that resolutions of the Synod be honored and upheld and
- that positions deviating from the doctrinal resolutions of the Synod be clearly identified as such.
- (h) When the author is also a reviewer, his material shall be assigned to another reviewer. In order to
- avoid any conflict of interest, no author shall be involved in any way in the selection or assignment of
- reviewer(s) for his or her own work.
- (i) The reviewer may request that specific material assigned to him also be reviewed by another
- reviewer.
- (j) Where changes appear to be necessary, the reviewer(s) shall submit a thorough and clearly written
- documented critique that shall be made available to the author, the sponsoring group, and the publisher.
- The documentation provided by the reviewer(s) shall provide a thorough and detailed explanation, with
- all appropriate biblical and confessional references used to support the opinion offered.
- (k) The author shall consider the critique and make necessary revisions until there is agreement between
- the author and the reviewer(s).
- (l) Should any problem arise between an author, the reviewer(s), the publisher, or any other party
- involved with respect to the material submitted for review, the sponsoring group shall endeavor to
- resolve it to the satisfaction of the reviewer(s). If it cannot do so, the problem shall be submitted to the
- Commission on Doctrinal Review which shall follow the appeals procedure and criteria stated in Bylaw
- 3.9.3.2.11.9.4.
- 1.9.3 After publication, any challenge to material that is subject to doctrinal review, no matter which process is
- used as listed in Bylaw 1.9.2, shall be handled according to the procedure and criteria specified in Bylaw
- 3.9.3.2.21.9.5.
- The following are relocated from Bylaw subsection 3.9.3:
- Appeals Prior to Publication
- 3.9.3.2.11.9.4 Appeals regarding materials not yet published may be initiated by an author, the sponsoring group, or
- an executive staff member of that group and submitted to the chairman of the Commission on Doctrinal
- Review (Bylaws 3.9.3–3.9.3.2).
- (a) Within seven business days after receipt of an appeal, the chairman of the Commission on Doctrinal
- Review shall inform all concerned and shall appoint three members of the commission to serve as a
- review panel and shall designate one as its chairman. A panel member shall disqualify himself on the
- basis of any kind of personal involvement in the issue.
- (b) The review panel shall provide a copy of the appeal to the author and the sponsoring group and
- invite them to provide a response to the appeal. All parties to the appeal shall be given 14 days to provide
- their response.
- (c) To aid objectivity, the identity of author and review panel shall ordinarily not be disclosed. However,
- consultation may at times be necessary for clarification.
- (d) In making its recommendation, the panel shall decide within 30 days whether the item in question
- (1) is suitable for publication; or
- (2) may be published after alteration; or
- (3) may be published as a study document; or
- (4) shall be denied publication.
- (e) The decision of the panel shall be determined by a majority vote and shall be final so far as the
- Commission on Doctrinal Review is concerned. A report together with the panel’s minutes shall be
- submitted to the chairman of the Commission on Doctrinal Review.
- (f) The chairman of the commission shall report the decision within seven business days to the author,
- the original reviewer(s), the sponsoring group, and the President of the Synod.
- Appeals Following Publication
- 3.9.3.2.21.9.5 A challenge to the doctrinal review certification of a published item may be initiated by any member of
- the Synod and shall be submitted in writing via mail or personal delivery to the chairman of the Commission
- on Doctrinal Review (Bylaws 3.9.3–3.9.3.2).
Page 146
- (a) In order for the Commission on Doctrinal Review to consider a challenge, the challenger is obliged
- to provide specific references demonstrating how the published item is not in agreement with Scripture
- and the Lutheran Confessions.
- (b) After receipt of the challenge, the chairman of the commission shall within seven business days
- inform the President of the Synod, the sponsoring group, and, if applicable, Concordia Publishing House,
- shall appoint three members of the commission to serve as a review panel, and shall designate one as its
- chairman.
- (c) The chairman of the Commission on Doctrinal Review shall provide a copy of the appeal to the
- President of the Synod, the sponsoring group, and, if applicable, Concordia Publishing House, and offer
- them the opportunity to respond to the appeal within 14 days from the date of notification.
- (d) To aid in maintaining objectivity, the identity of the challenger and the identity of the panel will
- ordinarily not be disclosed. There shall be no publicity given to the appeal, nor an effort made to
- circularize the Synod on a pending appeal.
- (e) The panel shall after reviewing the published material declare, within 45 days following the expiry
- of the 14-day response period provided in Bylaw 3.9.3.2.21.9.5 (c), whether the doctrinal review
- certification is affirmed or revoked based on whether the published material is in agreement with the
- Scriptures and the Lutheran Confessions.
- (f) If the panel revokes the doctrinal review certification, it must identify the part(s) of the item in need
- of clarification, amplification, and/or deletion in order to bring into agreement with Scripture and the
- Lutheran Confessions, and withdraw the publication until such agreement is reached.
- (g) The panel will appoint one of its members to be the doctrinal reviewer for the recycling of the revised
- material to assure the item’s agreement with Scripture and the Lutheran Confessions if republished.
- —
- Commission on Doctrinal Review
- 3.9.3 The Commission on Doctrinal Review exists to assist the President of the Synod in the exercise of his
- responsibility that all doctrinal content in its or any of its agencies’ materials be in accord with the Scripture
- and the Lutheran Confessions.
- 3.9.3.1 The Commission on Doctrinal Review shall consist of five members appointed by the President of the Synod
- from the total number of doctrinal reviewers.
- (a) The commission shall elect its own officers.
- (b) The commission shall effect its own organization.
- 3.9.3.2 The Commission on Doctrinal Review functions in accordance with Bylaw section 1.9, including especially
- the handling of appeals under Bylaws 1.9.4–5, and shall meet as often as necessary to provide guidelines for
- the work of doctrinal reviewers and to concern itself with problem areas in the procedures of doctrinal review
- and appeals.
