LCMS Convention Workbook St. Louis, Missouri — 2007, Page 343

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 343

the vacancy unless, within 90 days of notice of the vacancy, the
name was submitted by the Synod’s Board of Directors, the Presi-
dent of the Synod, or one of the districts’ boards of directors.

Following the gathering of the list of nominees for the vacancy,
Bylaw 3.2.5 (b) requires the narrowing of the list of possible nom-
inees from the four sources listed to create a list of three to five
candidates. If a candidate has been proposed who fails to meet this
process, those charged to submit the list of candidates for the va-
cancy should determine whether to add a replacement name to the
list, or, if at least three candidates remain, to resubmit the existing
list with the remaining names.

Adopted May 1-2, 2006

District Convention Resolution re CCM “Guidelines”
(06-2477)

In a letter dated July 2, 2006, a district president questioned the
validity of a district convention resolution in light of the Constitu-
tion and Bylaws of the Synod.

Question: Can a district of the LCMS, meeting in convention, in-
struct the district’s Constitution Committee to ignore the
Guidelines for the Constitution and Bylaws of a
Lutheran Congregation prepared for all districts to fol-
low or to work contrary to such guidelines. The resolves
in the district convention resolution read as follows:

RESOLVED, That the Committee on Constitutions of the PSW Dis-
trict cease altogether forcing congregations, new or old, to refrain from
using descriptive, orthodox words regarding Scripture, such as “in-
spired,” “inerrant,” or “revealed” in the “Confessional Subscription”
section of their constitutions; and be it further

RESOLVED, That the Committee on Constitutions of the PSW Dis-
trict joyfully encourage congregations of our district to retain said lan-
guage; and be it further

RESOLVED, That the PSW District make public this misunderstand-
ing and its correction in order to ensure no lingering ill effects;...

Opinion: District constitution committees are created by the By-
laws of the Synod (Bylaws 2.2.1 [a]; 2.4.1 [b]) and not by action of
districts. A district convention does not have the authority, there-
fore, to instruct that district’s constitution committee to ignore the
duties and responsibilities imposed upon them by the Synod.

It is the Constitution and Bylaws of the Synod that authorize
and instruct a district’s constitution committee and board of direc-
tors concerning the matter of the constitutions and bylaws of dis-
trict congregations (membership eligibility and continuing eligibil-
ity of congregations). A district constitution committee is required
by the Bylaws of the Synod to examine new or revised constitu-
tions and bylaws of congregations to ascertain “that they are in har-
mony 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”
(Bylaws 2.2.1 [b]; see also 2.4.1 [b]). District boards of directors
are authorized to act upon and approve new constitutions and by-
laws (application for membership in the Synod) or to determine if
revised constitutions and bylaws are acceptable to the Synod (By-
laws 2.2.1 [c] and 2.4.1 [c]).

The Guidelines for Constitutions and Bylaws of Lutheran Con-
gregations, which is provided by the Commission on Constitutional
Matters of the Synod as an aid and service to congregations and
district constitution committees and which may be used at their dis-
cretion, must also be in harmony with Holy Scripture, the Confes-
sions, and the teachings and practices of the Synod. The Guidelines
recognize that differences exist between congregations and that, for
the most part, the organization of a congregation is a matter of self-
determination. However, the Guidelines also set forth the basic
principles and/or requirements for the constitutions and bylaws of a
congregation and therefore provide a valuable resource for the
users.

One such requirement of the constitution and bylaws of congre-
gations, reflected in the Guidelines, is an article on “confessional
subscription.” In enumerating conditions of membership in the
Synod, Article VI of the Synod’s Constitution states: “Conditions
for acquiring and holding membership in the Synod are the follow-

ing: 1. Acceptance of the confessional basis of Article II.” Refer-
ring to the confessional position of the Synod, Bylaw 1.6.1 states:
“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.” Accordingly, Bylaw 1.7.1 states:
“The Constitution, Bylaws, and all other rules and regulations of
the Synod apply to all congregational and individual members of
the Synod.” And both Article II and Article VI are referenced in
Article XIII: “1. Members who act contrary to the confession laid
down in Article II and to the conditions of membership laid down
in Article VI or persist in an offensive conduct, shall, after previous
futile admonition, be expelled from the Synod.” Therefore, Guide-
lines for Constitutions and Bylaws of Lutheran Congregations

states (emphasis added): “A congregation’s confessional standard
must not go beyond that of the Synod” (CCM opinions 04-2412;
98-2135).

Prior CCM opinions refer to this requirement. In an October
26-28, 1966 opinion, the CCM opined “‘that congregations are not
permitted to include subscription to the Brief Statement in an oblig-
atory article of their constitution,” and in a March 7-8, 1968 opin-
ion the CCM stated: “The Commission on Constitutional Matters
holds that Article VI, 1 “Conditions of Membership’ of the Synod’s
Constitution requires nothing more and nothing less than the ac-
ceptance of the confessional basis of Article II,” also stating in ref-
erence to the 1966 opinion, “The Commission holds the same opin-
ion in regard to any other doctrinal statement not listed in Article II
of the Synod’s Constitution.” In a more recent August 15-16, 2003
opinion (03-2352), the Commission opined:

Members of the Synod are required to accept without reservation
and subscribe to the Synod’s confessional position as set forth in Article
Il of its Constitution (Bylaw 1.03 [1.6.1]). Although the Synod has pro-
vided for itself the right to adopt doctrinal resolutions and statements
(Bylaw 1.09 [1.6.2]), even these are not to be regarded as additions to
the confessional basis for membership provided in Article II. Accord-
ingly, individuals or congregations may not add to or remove items
from Article II...

In joining the Synod, members willingly obligate themselves to ful-
fill the membership requirements of Article VI and agree to accept with-
out reservation the confessional position of the Synod as described in
Article II. Accordingly, individual members or congregational mem-
bers 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
teachin m for a vari f pu sib h

T —
fessions may not ndition f irin Idi -

bership in the Synod (emphasis added).

In evaluating the constitutions and bylaws of congregations, it is
the responsibility of district constitution committees to judge
whether the documents are in harmony with Holy Scripture, the
Confessions, and the teachings and practices of the Synod. If a dis-
trict board of directors has denied an application for membership
and the congregation has asked for reconsideration, only then does
a district convention have authority. Such authority is limited only
to granting the application or affirming the denial (Bylaw 2.3.1 [c]).
In doing either, however, the district convention must not violate
the Constitution and Bylaws of the Synod (cf. Art. XII 2). This ap-
peal provision in the Synod’s Bylaws (2.3.1) does not apply to revi-
sions of constitutions and bylaws of congregations.

Adopted Sept. 7-8, 2006

Questions Regarding Circuit Forum
Delegate Election Process (06-2483)

In a memorandum dated September 8, 2006, the Secretary of
the Synod requested a response from the Commission to questions
that repeatedly surface regarding the conduct of circuit forums to
elect delegates to a Synod convention.

Question 1: Who may represent a congregation at a circuit forum?
May a non-rostered “lay minister” or a “licensed dea-
con” serve as a congregation’s lay or pastoral delegate
to a circuit forum or an elected delegate to the Synod
convention? May a retired ordained or commissioned
minister resign from the roster of the Synod in order

2007 Convention Workbook