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LCMS Convention Workbook St. Louis, Missouri — 2019, Page 198

Scan: The Lutheran Church—Missouri Synod

Transcription machine transcription, uncorrected

198

I. OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

of the bylaws is to have this resolved between the author and
those who are designated to provide direct doctrinal review of
that material. If this question or challenge cannot be resolved,
the Synod President remains responsible and the bylaws have
provided means of appeal through the Commission on Doctrinal Review which exists to “assist the President of the Synod
in the exercise of his responsibility that all doctrinal content in
its or any of its agencies’ materials be in accord with the Scripture and the Lutheran Confessions (3.9.3).” This appeal is to be
handled according to the provisions of Bylaw 3.9.3.2.2.
The publications of the seminaries and universities and
every other agency, board, commission, or other subordinate
group separately stipulated remain the overall responsibility of
the Synod President and are subject to the appeal process designated in the bylaws and administered on behalf of the President
through the Commission on Doctrinal Review when a dispute
or challenge arises.
Adopted February 2–3, 2018

Questions regarding the Definition
of Multi-congregation Parish (17-2870)
A district president of the Synod submitted a series of
questions regarding whether or not the call of a pastor by both
an existing dual parish and by a third congregation rendered the
three congregations a parish (Const. Art. V A). His questions
were prefaced with the following rather extensive background:
Background: A long-standing dual-parish had gone vacant. A series of circumstances resulted in the lack of resources
for the dual-parish to support a pastor. Since there were no other congregations within reasonable distance with which to form
a triple-parish, a larger congregation in the area chose to assist
by offering to call the pastor of the dual-parish as an associate,
at least until the congregations could manage on their own. This
arrangement was established solely out of the generosity of the
larger parish for the sake of supporting the proclamation of the
Gospel in two small rural communities. A pastor was installed
as the pastor of the dual-parish and an associate of the larger
congregation. The pastor of the larger congregation has no call
to, and no responsibilities toward, the dual-parish.
The Secretary of the Synod, following a previous CCM
opinion, ruled that this arrangement constituted a parish under Const. Art. V and that, therefore, these three congregations
were [together] entitled to one pastoral and one lay vote at the
convention of the district. The questions herein set forth are intended to challenge that ruling on the basis of two facts:
(1) The congregations in question do not fit the normal
pattern of the construction of a parish by design or
intent.
(2) The current Constitution and Bylaws of the Synod
do not contain a definition of the term parish thereby
making a textual interpretation impossible. The commission might then seek to follow historical patterns.
These, however, are not entirely consistent, since
there is historical precedent in Walther’s Gesammtgemeinde for congregations, in association, to be
considered independent congregations.
CCM Op. 09-2545, quoted below (in part, underlining
added), seems to have formed the basis for the decision of the
Secretary of the Synod in this matter. In this decision, the com2019 Convention Workbook

mission seems to have relied on text that had not existed in the
Handbook for 46 years. If the commission is permitted to use a
“ghost” text that is not available to the members of the Synod,
those members are at a distinct disadvantage by not being allowed reasonable access to the law. The congregations in question, lacking a definition of the term parish, can reasonably argue that they could find no ground in the bylaws for their voting
rights to have been limited by this arrangement.

Voting Rights of Congregations (09-2545)
In a January 18, 2009 emailed letter, a parish pastor requested an opinion with respect to the representation of a fourcongregation partnership (a multiple-congregation parish) at a
district convention.
Question: Four congregations have formed a partnership.
They each have called the two pastors who serve
this partnership. Can each of the four congregations send a lay delegate to our district convention which is in June? Also, what is the status of
the two pastors in regard to being the pastoral
delegate or delegates to the district convention?
Opinion: The four-congregation partnership is entitled to
two votes, that of a pastor who serves the four-congregation
partnership and a lay delegate, both chosen by the four-congregation partnership.
Article V of the Synod’s Constitution states: “At the meetings of the districts of the Synod, every congregation or parish
is entitled to two votes, one of which is to be cast by the pastor
and the other by the lay delegate.”
In its Opinion 03-2327 (January 20–21, 2003), the Commission on Constitutional Matters opined with respect to Article V the opinion, “Voting Rights of Congregations,” included
the definition of the term “parish” and addressed a multiplecongregation arrangement:
In the May 3–4, 1985 ruling (Ag. 1748), the commission ratified an opinion that had been offered
by the Secretary of the Synod regarding the voting rights of congregations at district conventions when several congregations form a dual or
multiple parish, namely, “that a multiple parish
has only two votes, that of the pastor who serves
the parish and a lay delegate chosen by the parish.”
This opinion took into consideration earlier versions of
the Handbook that had provided a definition of the term parish,
e.g., “If a pastor serves two or more congregations, these shall
be regarded as one parish and shall be entitled to only one lay
vote” (1963 Handbook, Bylaw 3.09). The term [parish] therefore
refers to a dual or multiple-congregation arrangement served by
the same pastor and is not synonymous with congregation. As
such, two or more congregations who are served by one pastor
share the right of representation by one lay delegate and one
pastoral delegate to a district convention.
The four-congregation partnership constitutes one parish
as defined above.