# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_May 27 31 2026_S3 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) teachings or practices. Such activities violate Const. Art. VI 2 and give the sort of offense contemplated in Const. Art. XIII 1’s offensive conduct. This sort of offense presents a second manner (in addition to not teaching entirely in accordance with the confessional standard of the Synod), perhaps not the last imaginable, in which a member of the Synod teaching in a higher education institution—other than one regulated by the Synod under its Const. Art. II confessional standard—that is preparing individuals for ministry could run afoul of the conditions of membership. As the commission noted in the above-cited opinion, “Whether or not any particular activity or ‘fact situation’ would be determined to constitute unionism or syncretism and, therefore, to constitute a violation of the conditions of membership in the Synod, falls outside of the authority of the Commission on Constitutional Matters. Such a decision is properly the responsibility of the ecclesiastical supervisor of that member.” That said, such teaching per se is not a violation of the conditions of membership in the Synod, even if it contributes to the formation of church workers for service outside the Synod. While the situation is not exactly the same, the commission notes an analogy to the fact that an ordained member of the Synod may, while a member of the Synod, serve a congregation that is not a member of the Synod (as provided for under Bylaw 2.11.1 [c] and in the tradition stretching back to the Synod’s beginning). Question 2: A congregation establishes a non-rostered “leader” of a “campus” of a congregation, who functions in most if not all ways as the pastor loci (preaching, conducting the service, and providing pastoral leadership). Members refer to him as pastor, though he is not listed publicly as such. Is this contrary to Bylaw 2.5.2 and, if so, what recourse does the Synod have? Opinion 2: Without commenting on the particular fact pattern, the commission addresses itself to the question of whether a congregation of the Synod may be served in a pastoral capacity by an individual who is not eligible under Bylaw 2.5.2 to be called to do so or to serve otherwise in that capacity. The commission noted the following in its Op. 23-3009 (minutes of April 28–29, 2023). This opinion traced the development of Bylaw 2.5.2 from 1969 Res. 5-23, “To Reiterate in Bylaws that Member Congregations Must Be Served by Members of the Synod,” through the changes made by 2001 Res. 7-12, “To Separate Calling and Service of Clergy from Other Church Workers,” concluding that: The terms call and be served by [in Bylaw 2.5.2] are not to be regarded as synonyms. In today’s practice many others are serving congregations by leading worship without a call. Emeritus pastors regularly serve as vacancy pastors, at times for congregations not in the process of calling, or regularly simply serve in vacant congregations every Sunday, often for periods of a year or more, which might include offering the sacraments and conducting weddings and funerals. Ordained ministers on candidate status also are eligible to serve in the same way. Students from the seminaries of the Synod lead worship in congregations that have no pastor. Vicars on occasion are the only one serving congregations with their supervising pastor called by and serving a neighboring congregation. While these other instances of serving reflect a wide variety, what is consistent is that those serving are either ordained members of the Synod, or students authorized by a seminary of the Synod and under the supervision of an ordained member of the Synod. In regard to the question posed in Op. 23-3009, as to whether a congregation that has “as its worship leader a pastor, not called by the congregation, who is Lutheran and has promised to teach completely in line with LCMS teaching but is on neither the roster of the Synod nor that of a church body in altar and pulpit fellowship with the Synod” is “in violation of Constitution Article VI 3 and Bylaw 2.5.2,” the commission understanding “the term worship leader as used in this question to mean the individual performing the role of the pastor in the public worship of the congregation, proclaiming the Word and/or administering the Sacraments,” the commission found: CCM Minutes – May 28–31, 2026 – Page 154