# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_February 5 1988_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

church discipline. It seems that only the specific situation and persons involved could determine
the answer to that question.
89. Ordination - Bylaw 2.13 (Ag. 1829 : The President of the Iowa District had requested the
Commission to provide elaboration, clarification, or observations regarding the suggested Handbook
location for ordination as listed in Bylaw 2.13 of the 1986 Handbook. In response to this request, the
Commission stated that in its opinion, any questions are clearly answered in Bylaw 2.13 b, which states,
"The rite of ordination or commissioning should normally take place in the presence of the congregation
or other entity to which the candidate has been called. A service of celebration on the part of the
candidate's home congregation is encouraged. If an unusual circumstance warrants it, the appropriate
district president may authorize that the rite takes place in the home congregation of the candidate or
other appropriate' congregation, with the permission of the calling congregation or other entity." It is the
opinion of the Commission that the terms "ordinarily" and "unusual circumstance" provide a clear
statement of expectation that ordination will take place in the congregation to which the candidate has
been called.
90. Reinstatement Request (Ag. 1830) : A request had been received for the Commission on
Constitutional Matters to provide an exception to the bylaw requirement that requests for reinstatement
which have been denied are unappealable and cannot be repeated-until a period of three years has elapsed.
In response to this request, the Commission decided to respond as follows:
Questions have been raised on the basis of Bylaw 2.33 relative to who may make application for
reinstatement, as well as a request for an exception to the bylaw requirement for a waiting period
of three years by an applicant whose application for reinstatement has been denied.
In response, the Commission points out that it has no authority in this or in any other matter to
make an exception to the Bylaws of the Synod. It further notes, that Bylaw 2.33 does not provide
for any exceptions such as that which has been requested.
However, the Commission on Constitutional Matters rules that the three or more years limitation
on re-application for reinstatement is binding only on the applicant. The respective district
president, after a review of the matter, would have the authority, on his own initiative, to present
the request once again to the Council of Presidents prior to the expiration of the three-year
waiting period specified in the Bylaws.

91. Certification and Ordination (Ag. 1831) : The Commission had been asked to respond to the
following question: "If an uncertified Lutheran minister serves a Missouri Synod congregation for
years, how does that effect his ordination and certification according to Handbook, 5.212?"
The Secretary had provided a response which stated that
"Service by an uncertified minister would have no effect on his certification or ordination. He is
not a member of the Synod and must be certified either by a seminary or through colloquy before
he would be eligible for ordination.
The greater problem is for the synodical congregation which allows an uncertified Lutheran
minister to serve it. That congregation is in violation of the Constitution and Bylaws of the Synod
and is subject to discipline. By joining the Synod, it has agreed to call and be served only by
those who have been properly certified."