# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_November 4 5 1994_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

congregation shall stand accredited and entitled to vote upon presenting to the Secretary at the opening
of the convention the proper credentials provided by the District Secretary and signed by two of the
congregation's officers." A similar procedure is referred to with regard to certification of voting and
advisory delegates at the national convention of the Synod in Bylaw 3.11. The Commission notes that at
neither the synodical nor the district level does certification involve finances as one of the requirements
for certification. While the congregation can rightly be expected to pay the assessment, that payment
cannot be required for the certification and seating of delegates. Such accreditation cannot be
conditioned on the payment of money.
The Commission would note that the concept of a synod, of which the district is a part, involves that of
walking together. This is reflected in Bylaw 2.39,b which states
The Synod expects every member congregation to respect its resolutions and to consider them
of binding force if they are in accordance with the Word of God and if they appear applicable
as far as the condition of the congregation is concerned. The Synod, being an advisory body,
recognizes the right of the congregation to be the judge of the applicability of the resolution to
its local condition. However, in exercising such judgment, a congregation must not act
arbitrarily but in accordance with the principles of Christian love and charity.
In view of this, the district, which is a part of the Synod, can rightly expect its congregations to conform
to the Bylaws of the district unless a requirement does not "appear applicable as far as the condition of
the congregation is concerned." The congregation which does not pay its assessment can rightly be
expected to demonstrate that its local condition makes the assessment requirement inapplicable for
them. It would seem that congregations not paying the assessment for convention expenses should be
dealt with evangelically with the understanding that ultimately their continued membership in the
Synod through the district might be involved.
The Commission stated that it believed that the response to the question previously addressed to it would
provide the necessary response to the request presently received.
95. Application of Bylaw 2.15 to Restricted Status (Ag. 1990) : A District President had asked for a
ruling from the CCM as to whether or not Bylaw 2.15 applied to individuals who were on candidate status
or if they were exempt since they were not specifically listed and whether or not Bylaw 4.73 would still not
cover the situation and negate the request for lifting the restricted status from a pastor because, in his
opinion, Bylaw 2.15 did not apply. The District President who made the request was speaking for a
committee which had been asked to review the restricted status of a pastor.
In response, the Commission offered the following opinion:
A pastor member of the Synod was placed on restricted status (Bylaw 2.23) by the District President
citing a violation of Bylaw 2.15 c. The pastor states he: ". . . agreed to offer limited advice and counsel
to the new worshiping community, restricting my activity to what a seminary student, in his first year of
theological studies, would be authorized to do, . . . “
The pastor was not a seminary student. The pastor states that he had resigned his position at a
congregation in the District approximately one week prior to the time he offered advice and counsel to
the new worshiping community. As such, even though on candidate status, he was under the
ecclesiastical supervision of the District President.
Article XII (7) of the Constitution of the Synod states: