# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_November 29 1995_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

members obligate themselves to fulfill such requirements ... Thus while congregations of
the Synod are self-governing (Article VIII) they, and also individual members commit
themselves as members of the Synod to act in accordance with the synodical Constitution
and Bylaws under which they have agreed to live and work together and which the
congregations alone have the authority to adopt or amend through conventions."
In commenting on your second question, the Constitution contains no article or bylaw that can be used
to discipline a congregation which does not choose to use the word LUTHERAN in its denominational
identity. However, Article XIII requires discipline of members who act contrary to the Confessions laid
down in Article II or who persist in offensive conduct.
Based on the intent of the Constitution, our response to your question #1 would apply also to ethnic
congregations and to those recognized service organizations of the District since the Constitution of the
Synod is also the Constitution of the District. (Article XII 12)
Again, as is the case stated in our response to question #1, the Constitution of the Synod contains no
specific article or bylaw that can be used to defend congregations or recognized service organizations
that choose not to use LUTHERAN in their legal name. It could, in fact, be asked if the congregation
does not confess, does it have a confession, cf. Article VI.
Since our Commission is responsible only for matters relative to constitutional matters, you are
certainly free to request opinions from the Commission on Theology and Church Relations regarding
the confessional principles involved in your questions.
109. Minor Ban (Am. 1998) : A pastor had addressed a request for an opinion to the Commission on
Constitutional Matters with respect to the following questions:
Can a person (member) of our congregation, who is under the minor ban (can't take communion), run
for office, stay in office, and/or vote? and
Can the elders threaten to remove the chairwoman of the LWML if she does not repent?
In the letter it had been noted that in reference to the latter question it is the voters who normally remove
officers from their posts of authority. However, the LWML chairwoman is not elected by the voters and
therefore is not considered an officer of the congregation.
Responding to the request, the Commission stated:
The Commission notes that in acknowledging the receipt of your request, the Secretary pointed out that
the request appears to involve both theological and congregation constitutional issues. The Commission
concurs with that assessment. The Commission on Constitutional Matters is only authorized to deal
with matters relating to the Constitution, Bylaws and resolutions of the Synod and therefore declines to
entertain the request.
The questions posed are beyond the purview of the Commission on Constitutional Matters and would
properly be addressed by the Commission on Theology and Church Relations.
The difficulty with the questions presented is that the lines are not properly drawn and it appears that
the effort is being made to solve what is viewed as a spiritual problem by means of constitution or
bylaw provisions rather than by means of Law and Gospel.