LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 15-16, 2003, Page 4

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Opinion: It is the responsibility of a member’s District President 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 selfexclusion 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.
Question 10: “That They May Be One” serves as the basic confession for the “Keller Resolution”
subscribed by four Texas congregations on April 14, 2002, and other LCMS congregations
since then. The “Keller Resolution” includes the following resolves:
Resolved, That, in keeping with its status as a public confession, we will practice
Church Fellowship with those congregations and pastors subscribing to this
confession; and be it further
Resolved, That, in keeping with our public confession, we mark and avoid
(Romans 16:17) Rev. Gerald Kieschnick and Rev. David Benke as those have
publicly participated in, and defended such participation in, unionistic and/or
syncretistic worship services; and be it further
Resolved, That, in keeping with our public confession, we will not practice
Church Fellowship with those who defend the public sins of Rev. Gerald Kieschnick
and Rev. David Benke, outlined above, nor will we practice Church Fellowship with
those who reject the biblical doctrine set forth in points 1 through 14 of “That They
May Be One”; and finally, be it further
Resolved, That, if Rev. Gerald Kieschnick and Rev. David Benke have not
public repented and amended their sinful lives by the Festival of the Reformation,
2002—giving public, unambiguous testimony to their repentance of their willful,
public sin—this congregation will gather other congregations which have adopted
this resolution to take further action in keeping with our common confession of the
Scriptural teaching of Church Fellowship.
Have these congregations “broken fellowship” with the Synod by their actions and
removed themselves from the Synod by self-exclusion?
Opinion: If these congregations have not formally terminated their membership in the Synod, they are still
considered members and are subject to the ecclesiastical supervision of their District Presidents.
Question 11: May any congregation that has signed the “Keller Resolution” be represented by voting
delegates at a District convention or a synodical convention?
Opinion: A congregation may be represented by voting delegates at a convention of a District or the
Synod until such time as the congregation is no longer a member of the Synod, as stated in prior opinions
of the Commission (Ag. 1907 A-D; Ag. 2084; Ag. 2084B). The congregation does not lose its voting
rights for any reason, even if suspended. A congregation’s voting rights are forfeited only when a
congregation resigns or is removed from membership.
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