LCMS Convention Workbook St. Louis, Missouri — 2010, Page 284

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284

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

shall be decided by a majority vote. In case of a
tie vote the President may cast the deciding vote.
Bylaw 1.7.1	The Constitution, Bylaws, and all other rules and
regulations of the Synod apply to all congregational
and individual members of the Synod.
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.
Bylaw 1.8.1	While 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 1.8.2	Dissent from doctrinal resolutions and statements is
to be expressed first within the fellowship of peers
and then brought to the attention of the Commission
on Theology and Church Relations before finding
expression as an overture to the convention calling
for revision or recision. While the conscience of
the dissenter shall be respected, the consciences of
others, as well as the collective will of the Synod,
shall also be respected.
Bylaw 1.6.1 	The confessional position of the Synod is set forth
in Article II of its Constitution, to which all who
wish to be and remain members of the Synod shall
subscribe.
Bylaw 1.6.2 	The Synod, in seeking to clarify its witness or to
settle doctrinal controversy, so that all who seek
to participate in the relationships that exist within
and through the Synod may benefit and may act to
benefit others, shall have the right to adopt doctrinal
resolutions and statements which are in harmony
with Scripture and the Lutheran Confessions.
(Emphasis added)
		(a) Doctrinal resolutions may be adopted for the
information, counsel, and guidance of the membership. They shall conform to the confessional
position of the Synod as set forth in Article II of
its Constitution and shall ordinarily cite the pertinent passages of the Scriptures, the Lutheran
Confessions, and any previously adopted official
doctrinal statements and resolutions of the Synod.
Such resolutions come into being in the same
manner as any other resolutions of a convention of
the Synod and are to be honored and upheld until
such time as the Synod amends or repeals them.
(Emphasis added)
		(b) Doctrinal statements set forth in greater detail
the position of the Synod especially in controverted
matters. A proposed statement or a proposal for the
development of such a statement shall be …
		(7) Such adopted and ratified doctrinal statements
shall be regarded as the position of the Synod and
shall be “accepted and used as helpful expositions

and explanations” (FC SD Rules and Norm 10).
They shall be honored and upheld (“to abide by, act,
and teach in accordance with” [1971 Res. 2-21])
until such time as the Synod amends or repeals
them.
Bylaw 1.3.4	Congregations together establish the requirements
of membership in the Synod (Art. VI). In joining
the Synod, congregations and other members obligate themselves to fulfill such requirements and
to diligently and earnestly promote the purposes
of the Synod by word and deed. Members agree
to uphold the confessional position of the Synod
(Art. II) and to assist in carrying out the objectives
of the Synod (Art. III), which are objectives of the
members themselves. Thus, while congregations of
the Synod are self-governing (Art. VII), they, and
also individual members, commit themselves as
members of the Synod to act in accordance with the
Constitution and Bylaws of the Synod under which
they have agreed to live and work together and
which the congregations alone have the authority
to adopt or amend through conventions. (Emphasis
added)
Adopted February 26–28, 2010
Women as Presidents of LCMS Colleges and Universities
(10-2576)
In a letter dated February 22, 2010, the Synod’s Director of University Education submitted on behalf of the Concordia University
System two questions for response from the commission. The questions were accompanied by extensive background information and a
bylaw amendment proposal.
Question 1: Do the LCMS Bylaws prohibit women from serving as
the president of an LCMS college or university, apart
from Bylaw 3.8.3.7?
Opinion: Outside of Bylaw 3.8.3.7, there are no current bylaws that
specifically prohibit women from serving as president of an LCMS
college or university. However, care will need to be taken to locate
and make changes to any other bylaws with pronouns referring to
the office of college or university president that are not genderneutral (as in Bylaw 3.8.3.7.1 [b]).
Question 2: Is the attached draft memorial to the 2010 LCMS convention consistent with the LCMS Handbook, apart
from Bylaw 3.8.3.7?
Opinion: Any bylaw amendment(s) intended to allow women to
serve as president of an LCMS college or university will need to
address spiritual versus gender dimensions associated with the expectations and duties of this office and satisfy the concerns articulated in prior CCM opinions, as in Opinion 07-2489:
When asked to reconsider this opinion, the commission on April 6,
1984, reaffirmed its previous decision, stating “that when Bylaw 6.15
designates the president as the “spiritual head” of the institution, service
in the position of president by a woman would be in conflict with the
position of the Synod as stated in Resolution 2.17 of the 1969 Denver convention, and reaffirmed in conventions which followed.” This
opinion was reaffirmed by a later commission in a September 14, 1999
opinion (99-2160), which stated in part:
It is the opinion of the commission that until the Synod clearly
indicates that the term, “spiritual head,” does not involve the president of the institution in the distinctive functions of the pastoral
office and/or exercising authority over men in spiritual matters, its
decision is consistent with the position adopted by previous conventions.

2010 Convention Workbook

2010 Convention.indb 284

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