LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 7–8, 2006, Page 3

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membership in the Synod) or to determine if revised constitutions and bylaws are acceptable to the Synod
(Bylaws 2.2.1 [c] and 2.4.1 [c]).
The Guidelines for Constitutions and Bylaws of Lutheran Congregations, which is provided by the
Commission on Constitutional Matters of the Synod as an aid and service to congregations and district
constitution committees and which may be used at their discretion, must also be in harmony with Holy
Scripture, the Confessions, and the teachings and practices of the Synod. The Guidelines recognize that
differences exist between congregations and that, for the most part, the organization of a congregation is a
matter of self-determination. However, the Guidelines also set forth the basic principles and/or
requirements for the constitutions and bylaws of a congregation and therefore provide a valuable resource
for the users.
One such requirement of the constitution and bylaws of congregations, reflected in the Guidelines, is an
article on “confessional subscription.” In enumerating conditions of membership in the Synod, Article VI
of the Synod’s Constitution states: “Conditions for acquiring and holding membership in the Synod are
the following: 1. Acceptance of the confessional basis of Article II.” Referring to the confessional
position of the Synod, Bylaw 1.6.1 states: “The confessional position of the Synod is set forth in Article II
of its Constitution, to which all who wish to be and remain members of the Synod shall subscribe.”
Accordingly, Bylaw 1.7.1 states: “The Constitution, Bylaws, and all other rules and regulations of the
Synod apply to all congregational and individual members of the Synod.” And both Article II and Article
VI are referenced in Article XIII: “1. Members who act contrary to the confession laid down in Article II
and to the conditions of membership laid down in Article VI or persist in an offensive conduct, shall, after
previous futile admonition, be expelled from the Synod.” Therefore, Guidelines for Constitutions and
Bylaws of Lutheran Congregations states (emphasis added): “A congregation’s confessional standard
must not go beyond that of the Synod” (CCM opinions 04-2412; 98-2135).
Prior CCM opinions refer to this requirement. In an October 26–28, 1966 opinion, the CCM opined “that
congregations are not permitted to include subscription to the Brief Statement in an obligatory article of
their constitution,” and in a March 7–8, 1968 opinion the CCM stated: “The Commission on
Constitutional Matters holds that Article VI, 1 ‘Conditions of Membership’ of the Synod’s Constitution
requires nothing more and nothing less than the acceptance of the confessional basis of Article II,” also
stating in reference to the 1966 opinion, “The Commission holds the same opinion in regard to any other
doctrinal statement not listed in Article II of the Synod’s Constitution.” In a more recent August 15–16,
2003 opinion (03-2352), the Commission opined:
Members of the Synod are required to accept without reservation and subscribe to the
Synod’s confessional position as set forth in Article II of its Constitution (Bylaw 1.03
[1.6.1]). Although the Synod has provided for itself the right to adopt doctrinal
resolutions and statements (Bylaw 1.09 [1.6.2]), even these are not to be regarded as
additions to the confessional basis for membership provided in Article II. Accordingly,
individuals or congregations may not add to or remove items from Article II….
In joining the Synod, members willingly obligate themselves to fulfill the membership
requirements of Article VI and agree to accept without reservation the confessional
position of the Synod as described in Article II. Accordingly, individual members or
congregational members of the Synod may not add to or remove items from Article II. As
noted above, other confessional statements, confessions of faith, or common confessions
may in fact be correct interpretations of our Lord’s teaching and may be used for a
variety of purposes, but such other confessions may not be used as a condition for
acquiring and holding membership in the Synod (emphasis added).

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