# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_January 20 21 2003_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

114. Consequences of Action Taken Upon Approval of Ecclesiastical Supervisor (02-2296; 02-2320)
A Dispute Resolution Panel in a letter dated December 20, 2002, forwarded the following question to the
Commission from a party to a dispute. The question is identical to a question submitted by a VicePresident of a District in an August 16, 2002 letter.
Question:

Do the Constitution and/or Bylaws of Synod allow or contemplate the discipline of any pastor
or contemplate the discipline of any pastor of The Lutheran Church—Missouri Synod who
has taken an action with the full knowledge and approval of his superior, where the superior’s
approval is based upon the superior’s interpretation of a synodically approved document,
where the interpretation is not plainly or knowingly erroneous, especially where the superior
himself has not been formally found in error and disciplined?

Opinion: 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. For a thorough treatment of this issue, see Opinion 02-2309.
115. Ecclesiastical Supervision and Conflict of Interest (02-2309)
A District President, in a September 27, 2002 letter that included the signatures of twelve other members
of the Council of Presidents, asked a series of questions regarding the constitutional provision of
ecclesiastical supervision and the consequences of following the advice of an ecclesiastical supervisor.
Question 1:

May a District President who has acted in a matter after receiving the advice of and
authorization of the synodical President be charged under Bylaw 2.27 for such act, which
charge could result in his removal from his position as District President as well as from the
roster of the Synod?

Opinion: After the example of the apostolic church, Acts 15:1-31, the Synod was formed “to unite in a
corporate body the congregations of the Evangelical Lutheran Church that acknowledge and remain true
to the Book of Concord of the year of our Lord 1580 as a true exhibition of sound Christian doctrine”
(Articles of Incorporation, Article II a). The Synod’s objectives include: “The Synod, under Scripture and
the Lutheran Confessions, shall – 1. Conserve and promote the unity of the true faith.…8. Provide
evangelical supervision, counsel, and care for pastors, teachers, and other professional church workers of
the Synod in the performance of their official duties.…9. Provide protection for congregations, pastors,
teachers, and other church workers in the performance of their official duties and the maintenance of their
rights” (Constitution, Article III). Recognizing the objectives for which it was organized, the Synod
obligated itself “to assist and advise congregations, pastors and teachers affiliated with The Lutheran
Church—Missouri Synod and to exercise supervision over such pastors and teachers as to doctrine,
practice, and performance of their official duties” (Articles of Incorporation, Article II c).
“Committed to a common confession and mission, congregations of The Lutheran Church—Missouri
Synod join with one another in the Synod to support one another and work together in carrying out their
commonly adopted objectives” (Bylaw 1.01). According to Bylaw 1.05 d, “members agree to uphold the
confessional position of the Synod (Art. II) and to assist in carrying out the objectives of the Synod (Art.
III), which are objectives of the members themselves.” Bylaw 1.05 e states: "Membership is held in the
Synod itself. However, in accordance with the objectives of the Synod, each member enjoys certain
privileges and accepts certain responsibilities also in and through the respective District and Circuit."
According to Bylaw 2.35, “every member of the Synod shall diligently and earnestly promote the
purposes of the Synod by word and deed.” Bylaw 2.39 a adds that "the Constitution, Bylaws, and all other
rules and regulations of the Synod apply to all congregational and individual members of the Synod."
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