LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 2

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Opinion: The functions of a board of regents have been delineated by Bylaw 6.03. The Synod thereby has
also provided the authority to carry out these duties as well as the limits to such authority.
Question 4:

“At question is the role and limits of authority of the BHE/CUS Board and the Board of
Regents. There are some who believe the BHE/CUS Board has authority over the local
institution ‘through the Board of Regents.’ If this is correct, what authority does the local
Board of Regents have? Those of us who work in education know that accreditation
agencies require that the institution is governed by the local Board of Regents and not by an
outside source. With this in mind, is the BHE/CUS Board a ‘coordinating board’ with
‘oversight’ but not the governing board?”

Opinion: A board of regents has the responsibility and authority outlined by Bylaw 6.03 and thereby
“governs” its institution “subject to general policies set by the Synod” (Bylaw 6.01). As already noted in
answer to question 2 above, the Board for Higher Education must respect the duties that have been
expressly given to boards of regents as delineated in Bylaw 6.03. To the extent of its functions outlined in
Bylaw 3.409, however, the Board for Higher Education does have “overall responsibility” over boards of
regents and their institutions as a unified synodical system and is required to carry out these
responsibilities.
71. Interpretation of Article VI 2 b (02-2278)
A pastor of the Synod teaching at an educational institution of the Synod requested an opinion regarding
the Article VI prohibition against taking part in sacramental rites of heterodox congregations or of
congregations of mixed confessions, particularly as it pertains to participation in the Lord’s Supper.
Question:

Could you explain the exact meaning of Article VI 2 b of the Constitution which proscribes
members of Synod from "taking part in the ...sacramental rites of heterodox congregations or
of congregations of mixed confessions"; specifically, with reference to the celebration of the
Lord's Supper in heterodox congregations. Does this forbid members of Synod from
communing in such congregations (presumably congregations not in fellowship with the
LCMS) or does it only forbid members from being celebrant or helping in the distribution of
the elements or some other service at the altar?

Opinion: The Commission previously addressed issues related to Article VI 2 of the Constitution in
opinions Ag. 1930 and 98-2122. In response to a series of questions regarding the participation of
synodical pastors, teachers, deaconesses, and congregations in services and events sponsored jointly by
associations or groups of churches not in church fellowship with each other, the Commission responded:
The question of the application of the language of Article VI in the Constitution of The
Lutheran Church—Missouri Synod is a matter which falls within the purview of the
Commission on Theology and Church Relations which is to provide study materials on the
basis of which, the Synod may determine the application. The study document which the
CTCR has prepared and which is now in circulation is intended to serve that purpose. At the
conclusion of this study it will be the Synod’s responsibility in keeping with the Bylaws to
make the ultimate decision regarding the position of the Synod in relation to questions such
as those which have been posed.
The Commission does not believe that there is a specific question of constitutional or bylaw
stipulation squarely before it and believes that it would be presumptuous for the Commission
on Constitutional Matters to respond at this time to the questions of application which have
been posed. (Ag. 1930, March 13, 1992)
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