LCMS Convention Workbook St. Louis, Missouri — 2010, Page 265

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
If in the opinion of a district constitution committee a specific
policy manual or policy-based governance document performs the
function of bylaws as commonly defined, the district constitution
committee has the same responsibility to review these documents as
it does those specifically denominated “constitution” or “bylaws.” It
is the function of the document, not its specific title, which determines
whether it shall be reviewed by the district constitution committee.
The Secretary of the Synod was asked to incorporate into his
orientation materials for district constitution committees a discussion
of the responsibilities of the committees as discussed in this opinion.
Adopted Nov. 15–16, 2007
Application of “Guidelines for Constitutions and Bylaws
of Lutheran Congregations” (07-2512)
In a letter received October 18, 2007, a member of the Synod
asked a series of questions regarding application of the commission’s
“Guidelines for Constitutions and Bylaws of Lutheran Congregations,” specifically paragraphs 4.0 and 12.3:
4.0 Synod Membership
Although not essential since membership in the Synod is not determined by a statement in a congregation’s constitution, congregations are advised to designate their membership in the Synod.
Example:
This congregation shall be a member of The Lutheran Church—
Missouri Synod as long as the Synod conforms to the congregation’s confessional standards as set forth in this constitution.
12.3 The revised constitution shall, as a condition of continued membership in The Lutheran Church—Missouri Synod, be submitted
to the president of the district for review by the district’s constitution committee and favorable action by the district’s board of
directors before being implemented by the congregation.

Question 1: If a congregation included the above two sections in its
constitution, could it terminate its membership in The
Lutheran Church—Missouri Synod without the consent
of the district’s constitution committee and the district’s
board of directors?
Opinion: The answer to this question is “yes.” The congregation’s
decision to terminate its membership in the Synod, which would
necessarily include the changing of its bylaws to remove the two
paragraphs in question, would render moot the Synod’s requirements for membership, including its requirement that constitution
and bylaw changes first be submitted for review and approval.
Question 2: If the answer to question 1 is “no,” does this change the
voluntary nature of the Synod and can a congregation be
required to include it in their constitution by the district?
Opinion: The answer to question 1 was “yes.”
Question 3: My district committee that reviews constitutions has
made the following request before approving our congregation’s Constitution and Bylaws:
Constitution, Article XII
(Please add.) C. Review
Any amendments to the constitution must be submitted
to the NID Polity Commission for review, and then to
the NID Board of Directors for approval. Amendments
are not to be placed into practice in the congregation
until they are reviewed and approved by the district.
Bylaws, Article XII
(Please add.) Any amendments to the bylaws must be
submitted to the NID Polity Commission for review,
and then to the NID Board of Directors for approval.
Amendments are not to be placed into practice until they
are reviewed and approved by the district.

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Does the wording above from the district in any way
change the answers to questions 1 and 2?
Opinion: These paragraphs requested by the district committee do
not change the answers to questions 1 and 2. The language suggested by the district’s committee assumes continued membership
in the Synod and correctly points out that a congregation has covenanted with the Synod not to implement changes to its governing
documents until approved by the district, as provided in paragraph
(d) of Bylaw 2.4.1:
(d) Upon favorable action by the district board of directors, the
congregation shall be notified that the changes are acceptable
to the Synod and that the congregation is entitled to continue to
function as a member of the Synod in good standing under the
new or changed constitution or bylaws.

The suggested language could be construed to require district approval before withdrawal of membership, and the specific language
could have binding effect under state law to that effect. A congregation is not required by the Synod to do so. Should the members of a
congregation desire to include such a provision voluntarily, limiting
the possibilities of withdrawal by future members, it may certainly
do so.
Adopted Nov. 15–16, 2007

Dispute Resolution Process (08-2514A)
A series of questions related to Opinion 08-2514 was submitted
by the Secretary of the Synod as follows:
Question 1: When a congregation removes a church worker and the
worker requests the appointment of a reconciler, are the
decision of the congregation and any related actions to
be considered placed “on hold” until the Synod’s dispute resolution process has produced a final decision
regarding the propriety of the congregation’s action, as
suggested by CCM opinion 02-2308?
Opinion: The action of a congregation in removing a minister of
religion—ordained or a minister of religion—commissioned is effective upon such date as determined by the action of the congregation. The initiation of a dispute resolution process under Bylaw
section 1.10 does not change that action or its effective date. The
position previously held by the worker is vacated, and the worker
is eligible for candidate status and a further call. By requesting the
dispute resolution process, the worker would be asking the Synod
to review the appropriateness of the action of the congregation and
asking that the Synod through the dispute resolution process recommend that the congregation review and revise its completed action.
This issue was dealt with, at least in part, in prior CCM Opinion
02-2308. The opinion in the matter was as follows:
Question: When the formal dispute resolution process of Chapter
VIII of the Bylaws of the Synod has begun, are related
matters placed on hold until reconciliation or a final
decision is reached?”
Opinion: By accepting membership in the Synod, members have
committed to be governed by the Constitution and Bylaws of the
Synod, including the use of the dispute resolution process outlined
in Chapter VIII of the Bylaws. Members have agreed that they will
be bound by the process even to the extent that “no person or entity
to whom or to which the provisions of this chapter are applicable
because such person, entity or agency is a member of the Synod
may render the provisions of this chapter inapplicable by terminating that membership” (Bylaw 8.01).
In cases in which a pastor has challenged the termination of his call
and has initiated the dispute resolution process under Chapter VIII, the

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