LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 17, 2005, Page 4

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while congregations of the Synod are self-governing (Constitutional, Art. VII), they, and
also individual members, commit themselves as members of the Synod to act in
accordance with the Constitution and Bylaws of the Synod under which they have agreed
to live and work together and which the congregations alone have the authority to adopt
or amend through conventions. (Bylaw 1.3.4, 2004 Handbook, pp. 24−25)
The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all
congregational and individual members of the Synod. The Synod expects every member
congregation of the Synod to respect its resolutions and to consider them of binding force
if they are in accordance with the Word of God and if they appear applicable as far as the
condition of the congregation is concerned. The Synod being an advisory body,
recognizes the right of a congregation to be the judge of the applicability of the resolution
to its local condition. However, in exercising such judgment, a congregation must not act
arbitrarily, but in accordance with the principles of Christian love and charity. (Bylaws
1.7.1 and 1.7.2, 2004 Handbook, p. 33)
If, therefore, a congregation violates its agreements with the Synod, or if its actions or failures to act
demonstrate disagreement with the Scriptures and the Confessions (Constitution Art. II), or if it is guilty
of offensive conduct (Constitution Art. VI), it is in danger of forfeiture of its membership in the Synod
and is subject to discipline and expulsion from membership (Constitution Art. XIII) under the provisions
of Bylaw section 2.14 (2004 Handbook, pp. 62−71). In such case, the congregation should be advised to
give attention to the matter for the sake of its membership in the Synod.
In further response to the series of questions, the Commission notes that any layperson or non-rostered
worker who is “called,” contracted, or otherwise employed by a congregation is solely under the authority
and supervision of the congregation and is not subject to any supervision or protection by the Synod.
Supervision by the congregation is provided according to its own constitution and bylaws in a manner
that is in harmony with Holy Scripture, the Confessions, and the teachings and practices of the Synod.
Although matters described in Article XIII of the Synod’s Constitution may be at issue, it is the
congregation that is responsible. The Synod cannot remove or assure the removal of a non-rostered
worker from a congregation, whether for the provisions set forth in Article XIII of the Synod’s
Constitution or for any provisions set forth in a constitution and bylaws of a congregation.
What, then, is the role of the district president under these circumstances? While the district has no direct
power or responsibility to deal with the employment status of a non-rostered employee of a congregation,
the district president does have the responsibility as ecclesiastical supervisor of the member congregation
to make certain that said congregation acts in a manner that is consistent with the Constitution, Bylaws,
and resolutions of the Synod and, if such is not the case, to take such action as may be required.
43. Doctrinal Resolutions and Statements (04-2416)
In a December 14, 2004 letter, the executive director of the Commission on Theology and Church
Relations (CTCR), acting on behalf of his commission, forwarded four overtures that had been submitted
to the 2004 convention of the Synod and placed into Omnibus Resolution A for referral to the CTCR. In
his letter he stated that in the opinion of the CTCR, “the concerns raised in the overtures would be more
properly considered by the Commission on Constitutional Matters.” After brief review and discussion, the
Commission agreed to continue its research of the topic involved, that of doctrinal resolutions and
statements, and to continue discussion at its next face-to-face meeting.

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