LCMS Convention Workbook St. Louis, Missouri — 2004, Page 367

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 367

bylaws that are submitted, will judge them as to whether they con-
tain the principles set forth in the guidelines.

Adopted June 23, 2003

Confessional Statements (03-2352)

In a May 13, 2003 e-mailed letter, a parish pastor asked a se-
ries of questions regarding the confessional position of the Synod
and subscription to other confessional statements that may be cir-
culated within the Synod.

Question 1: Is the “confessional position of the Synod...set
forth in Article II of its Constitution, to which all who wish to be
and remain members of the Synod shall subscribe” (Bylaw 1.03)
exclusive? May individuals or congregations add to or remove
items from it?

Opinion: Members of the Synod are required to accept without
reservation and subscribe to the Synod’s confessional position as
set forth in Article II of its Constitution (Bylaw 1.03). Although
the Synod has provided for itself the right to adopt doctrinal reso-
lutions and statements (Bylaw 1.09), even these are not to be re-
garded as additions to the confessional basis for membership pro-
vided in Article II. Accordingly, individuals or congregations may
not add to or remove items from Article I.

The Commission calls attention to its earlier Opinion 03-2328,
in which it stated:

Subscribing to or requiring a “confessional statement” in place
of or in addition to the confessional position of the Synod as set
forth in Article II of its Constitution as a condition for fellowship
with one another in the Synod is a violation of the covenant rela-
tionship in the Synod (Article VI 1; Bylaw 1.03).

Question 2: May members of the LCMS subscribe to “confes-
sional statements,” “confessions of faith,” or “common confessions
of the one Holy Christian and Apostolic faith, as set forth in Holy
Scriptures, as taught in the Book of Concord, and as presented
above,” as “the correct interpretation of our Lord’s teaching” in ad-
dition to those listed in Article II of the LCMS Constitution?

Opinion: Other confessional statements, confessions of faith, or
common confessions may in fact be correct interpretations of our
Lord’s teaching, but as a condition for acquiring and holding mem-
bership in the Synod, acceptance of and subscription to the confes-
sional basis described in Article II of the Constitution alone is re-
quired for membership in the Synod (Article VI 1).

Question 3: What are the consequences with regard to member-
ship in The Lutheran Church—Missouri Synod for those who sub-
scribe themselves to “the correct interpretation of our Lord’s teach-
ing” on any subject and ask others to join in a confession that is
not listed in Article II of the LCMS Constitution?

Opinion: In joining the Synod, members willingly obligate
themselves to fulfill the membership requirements of Article VI
and agree to accept without reservation the confessional position
of the Synod as described in Article II. Accordingly, individual
members or congregation members of the Synod may not add to or
remove items from Article II. As noted above, other confessional
statements, confessions of faith, or common confessions may in
fact be correct interpretations of our Lord’s teaching and may be
used for a variety of purposes, but such other confessions may not
be used as a condition for acquiring and holding membership in the
Synod.

The Commission also calls your attention to the following por-
tion of CCM Opinion 03-2328:

The question is unclear as to whether the “confessional statement”
proposed to be adopted by a member is consistent with a doctrinal po-
sition of the Synod or is a doctrinal position that has not been addressed
by the Synod as a whole. If the “confessional statement” which is pro-
posed were consistent with a doctrinal position of the Synod, there
would be no reason for its separate adoption by the individual member
or congregation. If the “confessional statement” appears to be contrary
to a doctrinal position of the Synod, the action of the member, whether
individual or congregation, is governed by Bylaw 2.39 c. If the “con-
fessional statement” is intended to address an issue that has not yet been
addressed by the adoption of a doctrinal resolution or a statement on

part of the Synod, the processes provided in the Constitution and By-

laws and particularly Bylaw 1.09 govern the action.

Question 4: If members of the Synod subscribe to a confession
other than or in addition to those listed in Article II, are they mak-
ing a “mixed confession” or serving a congregation of “mixed con-
fession” in violation of Article VI 2 a of the Constitution?

Opinion: If the allegation of a “mixed confession” is substanti-
ated according to the procedures established by the Synod in Bylaw
2.27, then that is the basis for the judgment on whether a member is
in violation of Article VI 2. It is not the responsibility of the Com-
mission to make that judgment or interpret the content of a given
“mixed confession” or “a confession other than or in addition to
those listed in Article IE.” It is recommended that the Commission
on Theology and Church Relations be consulted concerning a def-
inition of a “mixed confession.”

Question 5: If members of the Synod subscribe to a confession
other than or in addition to those listed in Article II, are they
“act[ing] contrary to the confession laid down in Article II and to
the conditions of membership laid down in Article VI” and in vio-
lation of Article XIII 1 of the Constitution of the Synod?

Opinion: As noted above, other confessional statements, con-
fessions of faith, or common confessions may in fact be correct in-
terpretations of our Lord’s teaching, but they may not be regarded
as a condition for acquiring and holding membership in the Synod.
To do so would be contrary to the confession laid down in Article
II and to the conditions of membership laid down in Article VI and
in violation of Article XIII 1 of the Constitution of the Synod.

Question 6: If members of the Synod subscribed to a confes-
sion other than or in addition to those listed in Article II, may they
be seated as voting delegates in a District convention or in a syn-
odical convention?

Opinion: Members of the Synod may be seated as or repre-
sented by voting delegates in a District or Synod convention ex-
cept when an individual member of the Synod has been placed on
suspended status. In such case the member shall ‘‘1. be relieved of
duties as a member of the Synod (e.g., as a delegate to a District
or synodical convention, as a member of any District or synodical
board or commission)” (Bylaw 2.25 c 1).

Question 7: If a member of the Synod subscribes to a confes-
sion other than or in addition to those listed in Article II, may
he/she be nominated for or elected to an office in the LCMS at the
Circuit, District, or synodical level?

Opinion: An individual member of the Synod may be nomi-
nated for or elected to an office of the Synod at the Circuit, Dis-
trict, or synodical level so long as eligibility requirements have
been satisfied. However, if the member has been placed on re-
stricted status and the elected office includes a new position of ser-
vice (Bylaw 2.23) or if the member has been placed on suspended
status (Bylaw 2.25), he/she is ineligible to accept a call to any other
position of service in the Synod (Cf. Bylaw 2.15 d) and may not
serve in the office or perform the functions and duties of the office
until the restricted status or suspended status has been resolved in
the member’s favor.

Question 8: Have members of the Synod who have signed “That
They May Be One” subscribed to a confession in addition to those
listed in Article II of the Constitution of the Synod?

Opinion: It is the responsibility of a member’s District Presi-
dent as ecclesiastical supervisor to exercise supervision of doctrine
(Article XII 7) and discipline (Article XII 8). Therefore, it is the
responsibility of the District Presidents of the members in question
to judge their actions in light of the content of the document they
have signed.

Question 9: Is refusal to practice church fellowship with other
members of the Synod removal by self-exclusion from the Synod?
If not, what other sign must members give that they have removed
themselves from membership in the Synod?

Opinion: The Constitution and Bylaws of the Synod are silent
concerning “self-exclusion” and any “signs” members must give
to indicate that they have removed themselves from membership
in the Synod.

2004 Convention Workbook