LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 28−29, 2005, Page 4

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responsibility for assuring faithfulness in doctrine and practice. While as individual members of the Board
of Directors each member may find it appropriate to express concern to the appropriate ecclesiastical
supervisor and to the involved board or commission itself, it is not appropriate for the Board of Directors
to supervise or critique the doctrine and practice or the theological positions or articulations of such
boards or commissions.
Having made those general observations, however, the inquiry is not complete. Bylaw 3.3.5.5 (a) (2)
allows the Board of Directors to call up for review the action or policy of any program board,
commission, or counsel, except opinions of the Commission on Constitutional Matters. However, that
authority to call up for review is conditioned by paragraph (a) of that bylaw: “To the extent of its
responsibilities relative to the general management of and supervision of the business and legal affairs of
the Synod…” In the Board resolution in question, the whereas clauses express concern regarding doctrine
and practice together with theological positions and articulations. Those concerns do not fall within the
“general management and supervision of the business and legal affairs” of the Synod. Rather than
adopting such a resolution regarding theological concerns, it would have been more appropriate for the
members of the Board of Directors to have communicated their individual concerns to the Board for
District and Congregational Services and to the President of the Synod (to exercise his responsibilities
under Article XI B of the Constitution and Bylaw 3.3.1.1.1) rather than to handle the matter through a
formal resolution outside the Board’s area of responsibility. Insofar as the subject resolution requires the
Board for District and Congregational Services to report to the Board of Directors regarding theological
matters, the resolution exceeds the authority of the Board of Directors.
Financial Concerns of the Board of Directors
The second resolve of the Board’s resolution expresses concerns regarding the potential liability or
adverse financial consequences connected with the future National Youth Gathering. Unfortunately,
nothing in the whereas clauses articulates a basis for this resolve. The Board of Directors is properly
concerned with potential liability and adverse financial consequences that may occur by reason of the
conduct of agencies of the Synod. In considering that issue, however, it should be recognized that not all
issues having a fiscal impact upon the Synod are within the Board’s area of authority.
For example, it is the President of the Synod who articulates in a public fashion the positions of the Synod
with respect to ecclesiastical issues. While there may be a reduction in contributions to the Synod or to
individual churches of the Synod by reason of a public statement regarding the church’s position on
abortion, the role of women in the church, the inappropriateness of various fraternal organizations, and
many other topics, it is entirely outside of the Board of Directors’ authority to restrict the President’s
communications in such areas. Similarly, the Commission on Theology and Church Relations is charged
with the responsibility of assisting in maintaining doctrinal unity within the Synod and suggesting to the
Synod studies of contemporary issues, including current social issues as they affect the church and as the
church may affect such social issues. Certainly, a number of those studies and activities of the
Commission can have the effect of causing some persons to leave the membership of the church or to
choose not to become associated with the church. In the same sense, the responsibilities of the Board for
District and Congregational Services, including the National Youth Gathering, are a program function of
the church delegated specifically to that Board. The Board for District and Congregational Services is
expressly charged by the Synod under Bylaw 3.8.6 with the responsibility to determine the number and
nature of ministry areas necessary to meet expressed district and congregational needs, to arrange and
carry out a comprehensive and effective program of Christian education (particularly as it relates to the
Synod’s children and youth), as well as to provide input to assist those within the Synod that includes
proper scriptural motivation in all gift programs.

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