LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 17, 2005, Page 3

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accordance with the Word of God," does the congregation forfeit its membership in the
LCMS in accordance with Article XIII?
Question 14: If the congregation has "called" an uncertified church worker—including its pastor—does
this change the situation? If the local congregation refuses to remove its "called" uncertified
church worker—including its "called" uncertified pastor—who persists in "offensive
conduct," is the District responsible for assuring the removal of the "called" uncertified
church worker? If the congregation refuses to "deal with him in accordance with the Word
of God," does the congregation forfeit its membership in the LCMS in accordance with
Article XIII?
Question 15: To what extent does the charge of "offensive conduct" on the part of a member of Synod
(church worker or congregation) in Article XIII apply to uncertified workers in local
congregations—even if the phrase is not included specifically in the Constitution and
Bylaws of the local congregation? Because the congregation is a member of Synod, does
this cause of removal from office apply to congregations and church workers, both certified
and uncertified?
Opinion: Due to the fact that the questions asked are very similar and closely related, each will not be
answered separately. This opinion will address the 15 questions as a unit.
The Commission on Constitutional Matters is charged with the interpretation of the Synod’s Constitution,
Bylaws, and resolutions (Bylaw 3.9.2.2 of the 2004 Handbook). Some of the questions asked are not
addressed in Synod’s Constitution and Bylaws and therefore no answer or opinion can be given. Some of
the questions asked pertain to the relationship of a pastor to his congregation, the supervisory authority
and responsibility of each, and the supervision of other offices in a congregation and are theological
matters that should be addressed to the Commission on Theology and Church Relations. Still other
questions can only be answered by the constitution and bylaws of the given congregation and the specific
contract between the church worker and the congregation.
In response to the questions to which the Commission can respond, it calls attention, first of all, to Bylaws
2.5.2 and 2.5.4 (p. 52 of 2004 Handbook),
Congregations that are members of the Synod shall call and be served only by ordained
ministers who have been admitted to their respective ministries in accordance with the
rules and regulations set forth in these Bylaws and have thereby become members of the
Synod.
Congregations that violate these requirements and persist in such violation shall after due
admonition forfeit their membership in the Synod.
References in the questions, therefore, to an “uncertified church worker” who is a “pastor” speak of a
situation that is, with one known exception in our Synod, contrary to the Bylaws of our Synod. Member
congregations (as well as individual members) of the Synod obligate and commit themselves to act in
accordance with the Constitution, Bylaws, and resolutions of the Synod:
Congregations together establish the requirements of membership in the Synod
(Constitution, Art. VI). In joining the Synod, congregations and other members obligate
themselves to fulfill such requirements and to diligently and earnestly promote the
purposes of the Synod by word and deed. Members agree to uphold the confessional
position of the Synod (Constitution, Art. II) and to assist in carrying out the objectives of
the Synod (Constitution, Art. III), which are objectives of the members themselves. Thus,
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