# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_July 25 26 1980_S4 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) open to women, should perhaps incorporate that information in a bylaw rather than in a constitutional article, so that it can be more easily amended as time goes on. The Commission ratified this reply and decided so to inform Mr. Klockenga, expressing the assumption that he apparently had been satisfied with the reply given. 93. Unchangeable Articles (Ag. 1439): Mr. Ed Scott of the Board of Directors had expressed dismay over the position of the Synod through the years toward unchangeable articles in congregational constitutions. The Secretary had stated that the reaction would be placed in the file of recommendations for a possible reissuance of a model constitution. The Commission ratified this reply and filed the correspondence for future reference. 94. Removing a CRM from the Roster (Ag. 1440): President Martin Dienst of the New England District had inquired whether a District President had the right to do so. The Secretary had replied essentially in the affirmative. The Commission approved this reply. 95. Congregation with Dual Membership and Uncertified Pastors (Ag. 1444): Pastor John Murphy of Pittsburgh, Pennsylvania had asked for a ruling regarding the proposal of the English District Board of Directors to permit uncertified pastors and congregations holding dual membership to continue voting at one more District convention (1980). The Secretary had replied in the customary vein stating that the CCM had repeatedly ruled that pastors who were not synodically certified cannot serve as voting or even advisory delegates and that congregations cannot hold dual membership although there has been a tendency to give congregations time to arrive at the decision. The Commission ratified this reply. 96. Teachers as Lay Delegates (Ag. 1449): President George Bornemann of the English District had written stating that he was assuming that it had been proper for him to permit a person on the teacher roster of the Synod to serve as a lay delegate at the District convention. The Secretary had replied that the CCM had ruled repeatedly that persons on the clergy or teacher roster cannot serve as a lay delegate. The Commission ratified this reply. 97. Removal from Membership Problem (Ag. 1450, A): The Commission had before it a confusing request from Pastor Monroe Husfeld of Harlingen, Texas and from Dr. H. G. Carstensen, chairman of the Board of Elders of that congregation. It had to do with removal from membership. The Commission finally decided to inform Pastor Husfeld that it had spent much time trying to decipher the constitutional issue and finally had come to the following conclusion: Since this seems to be a matter of disagreement or dispute between parties involved under Bylaw 5.01, the Commission on Constitutional Matters is of the opinion that the matter properly belongs in the adjudication process prescribed in Chapter V of the Bylaws. If in the course of that process specific constitutional questions are raised they may be directed to the Commission on Constitutional Matters according to Bylaws 5. 31 e, f . 98. Election of Teacher Delegates at Teacher Conferences (Ag. 1451): Executive Director Ben Eggers of the Florida-Georgia District had asked whether it would be permissible for teacher delegates to the synodical convention to be elected at the teacher's conferences (rather than the District convention) and then ratified by vote of all voting delegates at the District convention. The Secretary was instructed to inform him, in line with an opinion dated June 10, 1975 in a similar situation, that teachers conferences could indeed nominate teachers as convention delegates as long as the slate can be amended when the teachers meet at the convention itself and as long as the actual election takes place at the District convention as stipulated in the Bylaws. Furthermore, it was to be pointed out that voting delegates at a convention neither elect teacher delegates nor ratify such action, since such action belongs entirely within the purview of the teachers themselves.