LCMS Convention Workbook St. Louis, Missouri — 2010, Page 264

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264

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
“Close(d) Communion” as a Constitutional
Requirement (07-2508)

In a letter received September 14, 2007, a pastor of the Synod,
after introductory comments, asked whether it is a constitutional requirement to practice close(d) communion in order to maintain status
in the Synod. The letter was accompanied by an essay authored by
the questioner, “A R[e]examination of Admission to the Lord’s Supper[:] Another Look at Some of the Biblical and Confessional Texts.”
Question: Does a pastor or congregation on the roster of the Synod
have to practice close(d) Communion as a constitutional
requirement for maintaining proper status in the Synod,
or is this not set in cement and the members are asked
merely to honor the position?
Opinion: The Constitution of the Synod does not address “close(d)
Communion.” However, the Synod affirmed in 1986 convention
Res. 3-08 and reaffirmed in 1995 convention Res. 3-08 “that the
pastors and congregations of The Lutheran Church—Missouri
Synod continue to abide by the practice of close Communion,
which includes the necessity of exercising responsible pastoral care
in extraordinary situations and circumstances” (1998 Res. 3-05—
emphasis added). In the same resolution, the Synod resolved that
it “pleads with its members by the mercies of God to abide by the
historic practice of the church and The Lutheran Church—Missouri Synod concerning admission to the Lord’s Supper” (emphasis
added).
Among the conditions for acquiring and holding membership in
the Synod is “1. Acceptance of the confessional basis of Article II”
(Constitution Art. VI). While doctrinal resolutions of the Synod are
not the basis for acquiring and holding membership in the Synod,
under Article II the Synod, in seeking to clarify its witness or to settle
doctrinal controversy, understands that it has the right to adopt doctrinal resolutions and statements which are in harmony with Scripture
and the Lutheran Confessions (Cf. Bylaw 1.6.2 and 1973 convention
Res. 2-12). 1973 Res. 2-12 also resolved that the Synod “reaffirm
its position (Milwaukee Proceedings, Res. 2-21 and 5-24) that such
[doctrinal] statements, insofar as they are in accord with the Scriptures and the pattern of doctrine set forth in the Lutheran Symbols,
are, pursuant to Article II of the Synod’s Constitution, binding upon
all its members (Cf. also Article VII)” (emphasis added). On April
18–19, 1974, the Commission on Constitutional Matters addressed
positively the constitutionality of 1973 Res. 2-12.
According to Bylaw 1.7.2, “The Synod expects every member
congregation of the Synod 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 a 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 joining the Synod, the
members voluntarily agree that “[t]he Constitution, Bylaws, and all
other rules and regulations of the Synod apply to all congregational
and individual members of the Synod” (Bylaw 1.7.1).
The Synod does provide for brotherly dissent, which does not put
one’s membership or status in jeopardy. However, those who join
the Synod agree that “[w]hile retaining the right of brotherly dissent,
members of the Synod are expected as part of the life together within
the fellowship of the Synod to honor and uphold the resolutions of
the Synod” (Bylaw 1.8.1). Referring to 1971 convention Res. 2-21,
Bylaw 1.6.2 (b) (7) defines “honor and upheld” as “to abide by, act,
and teach in accordance with” (emphasis added). It is also agreed
that “[w]hile the conscience of the dissenter shall be respected, the

conscience of others, as well as the collective will of the Synod, shall
also be respected” (Bylaw 1.8.2—emphasis added).
1995 convention Res. 3-08 concludes, “Resolved, That because
we are ‘eager to maintain the unity of the Spirit in the bond of peace’
(Eph. 4:3), any members of the Synod who advocate a different practice of Holy Communion be fraternally reminded of the commitment
all members of the Synod make to one another by subscribing to the
Constitution of the Synod to honor and uphold its doctrine and practice and, where there is disagreement, to follow the proper channels
of dissent as outlined in synodical Bylaw 2.39 c [2007 Bylaw 1.8]”
(emphasis added). The Bylaws of the Synod call upon us to “honor
and uphold” the resolutions of the Synod and not, in the words of the
questioner, “merely honor.”
Therefore, in response to the question asked, yes, members of
the Synod are expected to honor and uphold the resolutions of the
Synod, including those regarding Communion practice. The Synod
has resolved that its members abide by the practice of close(d) Communion, exercising responsible pastoral care in extraordinary situations and circumstances.
Adopted Nov. 15–16, 2007
Congregational Polity (07-2511)
In a letter dated October 10, 2007, the chairman of a district’s
constitution committee asked whether a district is required to examine a congregation’s documents if they are policy-based governance
documents rather than the usual constitutions and bylaws.
Question: Since the Constitution and Bylaws of the Synod only
reference constitutions and bylaws of member congregations, does their new policy-based governance
document fall under the same review process as their
former Bylaws? Also, when a member congregation
places items that could be included in bylaws into a
policy manual, does the policy manual fall under the
same review process as a constitution and/or bylaws?
Opinion: Bylaw 2.2.1 states as follows:
2.2.1 To apply for membership in the Synod a congregation shall have
an approved constitution and bylaws.
(a) The congregation shall submit its constitution and bylaws to
the appropriate district president, who shall refer such to the
standing constitution committee of the district. …
(b) The Constitution Committee shall examine the constitution
and bylaws to ascertain that they are in harmony with Holy
Scripture, the Confessions, and the teachings and practices of
the Synod in order that any necessary changes may be made by
the congregation before the application is acted upon. …

Furthermore, Bylaw 2.4.1 states:

2.4.1 A congregation desiring to retain membership in The Lutheran
Church—Missouri Synod shall continue to have a constitution
and bylaws approved by the Synod.
(a) A member congregation which revises its constitution or
bylaws or adopts a new constitution or bylaws shall, as a
condition to continued eligibility as a member of the Synod,
submit such revised or new constitution and/or bylaws to the
district president.
(b) The district president shall refer such to the district’s
constitution committee for review to ascertain that the
provisions are in harmony with Holy Scripture, the
Confessions, and the teachings and practices of the Synod. …

Nowhere in the Constitution or Bylaws of the Synod is the term
“bylaws” defined. The Merriam Webster Collegiate Dictionary—
10th Edition (2000) defines “bylaw” as follows: “a rule adopted by
an organization chiefly for the government of its members and the
regulation of its affairs.” Likewise, the American Heritage Dictionary—3rd Edition (1994) defines “bylaw” as “a law or rule governing
the internal affairs of an organization.”

2010 Convention Workbook

2010 Convention.indb 264

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