LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 22, 2004, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Conference Call Meeting
March 22, 2004

253. Call to Order and Opening Prayer
Chairman Walter Tesch called the meeting to order and asked Albert Marcis to lead in opening prayer.
All members of the Commission participated in the conference call meeting.
254. Communication to the Council of Presidents and the Board of Directors
Chairman Walter Tesch spoke of his attendance at the February 6-7, 2004 joint meeting of the Council of
Presidents and the Board of Directors, where he volunteered that the Commission on Constitutional
Matters would again review the eight opinions to which the Board of Directors has objected. Accordingly,
the Commission discussed their review of the opinions in light of the documents furnished by the Board
of Directors detailing the Board’s specific objections to the opinions. The Commission decided to offer
the following response, sent on March 23 to the chairmen of the Council of Presidents and the Board of
Directors.
COMMUNICATION TO THE COUNCIL OF PRESIDENTS
AND THE BOARD OF DIRECTORS
At the recent joint meeting of the Council of Presidents and the Board of Directors, the chairman
of the Commission on Constitutional Matters (CCM) stated that the CCM would again revisit its
eight opinions which the Board of Directors has resolved to be "of no effect." This the CCM has
done.
At its February, 2004, regular meeting, the Board of Directors passed a resolution entitled,
"Board of Directors Resolutions Regarding CCM Opinions." Several of the resolves of that action
pertain directly to the CCM and the eight opinions. They are as follows together with the CCM's
response.
Resolved, That the Board of Directors requests the Commission on Constitutional Matters
to reconsider Opinions 02-2296, 02-2309, 02-2320, 02-2259, 03-2357, 03-2358, 03 2359, and
03-2365.
Response: As promised to the Council of Presidents and the Board of Directors, the members of
the CCM have again reviewed the eight opinions.
Resolved, The Board of Directors requests the Commission on Constitutional Matters to
withdraw these opinions to allow the issues involved to be addressed by the 2004 synodical
convention.
Response: Having reviewed the eight opinions, the CCM remains of the opinion that these
opinions are correct, appropriate, and consistent with the Constitution and Bylaws of the Synod.
Further, it is not necessary for these opinions to be withdrawn in order to allow the issues
involved to be addressed by the 2004 synodical convention. Bylaw 3.905 d provides that any
opinion of the CCM shall be binding on the question decided unless and until it is overruled by a