LCMS Convention Workbook St. Louis, Missouri — 2013, Page 312

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312

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Opinion: In response to the contention that forming a dual parish
“deprives one of the congregations of its constitutional right of suffrage,” the commission ruled in May, 1972 (Ag. 181) that “in view
of the language of the Constitution in Article V A which speaks
of ‘every congregation or parish,’” the principle that “two or more
congregations being served by one pastor shall be regarded as one
parish entitled to only one set of delegates” is not contrary to the
Constitution and does not cause a congregation to lose its lay delegate representation at a district convention. Rather, it shares its
representation with the other congregation(s) in the parish, presumably in a fair and equitable manner.
3. A large congregation which does not need the financial support
of any other congregation, allows their pastor to provide pulpit supply
on Sunday afternoons for a small congregation which cannot afford a
full-time pastor. There are no other pastors available in the area.

Opinion: The question speaks of “pulpit supply.” It also speaks
of “a small congregation which cannot afford a full-time pastor.”
Regardless of financial considerations, if the pastor is regarded by
the small congregation as its pastor and speaks of him as its pastor, and if he provides Word and Sacrament ministry, ministers to
the sick and dying, etc., this and the larger congregation are a dual
parish being served by one pastor and, therefore, a parish to be represented at district conventions by the pastor and one lay delegate.
Such lay representation will be shared in a manner that presumably
is fair and equitable for both congregations.
4. Two congregations are being served by one pastor (the pastor is
called to a large congregation which does not need any financial help
to support their pastor). The large congregation allows their pastor
to provide pulpit supply on Sunday afternoons for the small congregation which cannot afford a full-time pastor, and where no other
pastor is available. The large congregation is in one visitation circuit
and the small congregation is in a different visitation circuit. Does
each congregation have a lay vote at the respective circuit forum in
electing (by a voting process) a circuit counselor? If so, how is this
different from voting representation at a district convention? Does
the small congregation, in effect, have to forfeit its lay vote to the
district convention to receive word and sacrament service from the
large congregation?

Opinion: This question again speaks of “pulpit supply” and a
“small congregation which cannot afford a full-time pastor.”
Again, if the pastor is regarded by the small congregation as its
pastor and speaks of him as its pastor, and if he regularly provides
Word and Sacrament ministry, ministers to the sick and dying, etc.,
this and the larger congregation are a dual parish according to the
Synod’s definition, entitled to representation at district conventions
by the pastor and one lay delegate. The fact that the congregations
are in separate visitation circuits has no bearing on the requirement
for one pastor and one lay delegate representation at district conventions.
Representation at circuit forums is another matter, such representation determined by Bylaw 5.3.2: “The circuit forum consists
of a pastor of each congregation and one member of each congregation designated by the congregation.” In this case, each congregation
sends a representative to its own circuit’s forum, the pastor serving
as representative to the forum of the circuit of the congregation in
which he holds membership.
Regarding whether the small congregation must “forfeit” its lay
vote to the district convention in order to receive Word and Sacrament
service by the pastor of the large congregation, here again it must be
said that a parish arrangement does not cause either congregation to
lose its lay delegate representation at a district convention. Rather,
2013 Convention Workbook

the congregations’ representation is shared—presumably through a
fair and equitable arrangement.
5. Two congregations that are being served by one pastor in a dual
arrangement (both congregations are needed to provide for a fulltime pastor) where one congregation is in one district and the other
in a different district. Does one congregation have to forfeit their
lay vote at their district convention because they are in a dual parish
arrangement?

Opinion: When a parish crosses district lines, it is nonetheless entitled to representation at district conventions by one pastor and one
lay member. The pastor is a voting delegate to the convention of
the district of which he is a member. The lay vote is shared by the
congregations as in any other parish, presumably in a manner that
is fair and equitable. The district membership of the congregation
of the lay delegate determines the district convention that he/she
will attend as a voting delegate.
(Adopted Nov. 11–13, 2011)

Role of CTCR and CCM Opinions, Doctrinal
Statements and Resolutions (12-2634)
With a letter received March 14, 2012, the chairman of a Hearing
Panel under Bylaw section 2.14 submitted two questions for the commission’s response in accord with Bylaw 2.14.7.8 (k) (2).
Question 1: In performing its function under Bylaw 2.14, what
weight or significance should a hearing panel give to:
(a) Prior opinions of the CTCR?
(b) Prior opinions of the CCM?
(c) Opinions of the CTCR or interpretations of the CCM
provided to the panel in response to questions submitted
under Bylaw 2.14.7.8 (k)?

Opinion: The role of the Commission on Theology and Church Relations (CTCR) is set out in Bylaws 3.9.5 through 3.9.5.2.2. Bylaw
3.9.5 indicates that the commission “exists to assist congregations
in achieving the objectives of Article III 1 and 6 of the Constitution
of the Synod and to assist the President of the Synod in matters of
church relationships.”
Bylaw 3.9.5.2.1 goes on to state that the CTCR “shall provide
guidance to the Synod in matters of theology and church relations.”
In performing its function, the CTCR is to prepare and distribute
special studies and documents to the members of the Synod and to
conferences, refer theological issues and questions to proper individuals or groups of individuals for additional study, suggest and provide
studies of contemporary issues, including current issues, foster and
provide for ongoing theological education, and obtain theological
treatises, conference papers, and similar documents and studies. The
CTCR also has responsibilities with regard to “Fraternal and Other
Organizations” under Bylaws 3.9.5.3 and 3.9.5.3.1 and responsibilities to assist the President of the Synod at his request in discharging
his constitutional responsibilities “for maintaining doctrinal unity
within the Synod” (Bylaw 3.9.5.2) and “for maintaining doctrinal
integrity as he relates to other church bodies” (Bylaw 3.9.5.2.2). In
addition, the CTCR receives from time to time special instruction and
direction from the Synod in convention.
Fundamentally, the weight or significance that a hearing panel
should give to a theological statement or opinion of the CTCR is the
same as the weight or significance that should be given by all members of the Synod. That is to say, its opinion should be recognized as
the considered opinion of the CTCR in attempting to carry out the
bylaw functions identified above.
With respect to the opinions of the Commission on Constitutional
Matters (CCM), Bylaw 3.9.2.2 (c) states that “[a]n opinion rendered