LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 13, 2003, Page 2

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And finally, input that came as a result of the Commission’s invitation expressed: “One effect of the
CCM opinion is to preclude the Synod from expelling one of its members that engages in offensive
conduct (also referred to in the same communication as ‘unacceptable conduct’ and ‘scandalous
conduct’)…if that member acted with the advice or counsel of the member’s ecclesiastical supervisor,”
and also, “CCM Opinion 02-2309 will certainly be used as a defense to members of Synod who may be
charged with scandalous behavior.”
Although the above letters were received by the Commission in March and April, 2003, as indicated, and
a draft response was considered at the Commission’s June 23, 2003 meeting, publication of a response
was delayed because of the Commission’s invitation to the Board of Directors to provide “information, if
any, related to the issues that have been raised” (CCM Minutes, June 23, 2003, agenda item #161). That
information was provided at the Commission’s meeting August 15-16, 2003, as reflected in those minutes
(Agenda item # 180). Having considered the questions, the communications, and the additional input, the
Commission on October 30, 2003 drafted its response to the requests for reconsideration and the matters
presented, and now issues it on this date, December 13, 2003, upon a scheduled conference call.
Opinion: Opinion 02-2309 (cf. Opinions 02-2296 and 02-2320) concluded that the Synod, having
promised evangelical supervision and counsel to its members, is precluded from taking any action to
terminate the membership of its member who, when performing his/her official duties, follows the advice
and counsel of the ecclesiastical supervisor designated by the Synod. In other words, the opinion
addressed the fact that a member of the Synod had the right to rely on the advice and counsel of his/her
ecclesiastical supervisor in taking official actions without fear of being expelled from the Synod.
After prayerful consideration and for the following reasons, the Commission reaffirms its prior opinions
02-2296, 02-2309, and 02-2320. In reviewing the nature and function of Synod, the Synod, which is
“collectively…an… association of self-governing Lutheran congregations” (Bylaw 3.51 a)1 expresses its
collective understanding (and interpretation) of the Scriptures and the Lutheran Confessions through its
doctrinal resolutions and statements in convention (Bylaw 1.09 a)2 and also expresses it’s collective will
through its Constitution, Bylaws and other resolutions (Bylaw 3.01)3.
On the basis of the Synod’s Constitution and Bylaws, if the Constitution and Bylaws or resolutions of the
Synod contradict God’s unchangeable Word or exceed the boundaries of Holy Scripture, “the only rule
and norm of faith and of practice” (Article II), it is incumbent upon the Synod in convention to amend or
repeal such. And any action or decision of officers, boards or commissions may be appealed to the Synod
in convention (Bylaw 3.73).4
As set forth in Bylaw 3.905 d, the Commission on Constitutional Matters is charged with the duty to
"interpret the Synod's Constitution, Bylaws, and resolutions." It does not interpret the Scriptures. Thus the
Synod has limited the Commission in its responses to the specific provisions of the Constitution, Bylaws
and resolutions of the Synod. The Synod has reserved unto itself the right to determine whether a decision
of the Commission is valid or in error or if it contradicts the Synod’s Constitution and Bylaws. Bylaw
1

“The term Synod refers collectively to the association of self-governing Lutheran congregations initially incorporated on July 3, 1894, and
presently named The Lutheran ChurchMissouri Synod, and all agencies of the Synod as defined in Bylaw 3.51 a. Synod, as defined herein, is
not a civil-law entity.”
2 “The Synod, in seeking to clarify its witness or to settle doctrinal controversy… shall have the right to adopt doctrinal resolutions and
statements which are in harmony with Scripture and the Lutheran Confessions.”
3 “…It is the principal legislative assembly, which amends the Constitution and Bylaws, considers and takes action on reports and overtures, and
handles appropriate appeals. It establishes general synodical positions and policies, provides overall program direction and priorities, and
evaluates all such positions, programs, policies, directions, and priorities in order to provide responsible service for and on behalf of its
members.”
4
"All officers, boards, and commissions shall be accountable to the Synod for all their actions, and any decision of such officers, boards, and
commissions may be appealed to the national convention of the Synod."
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