LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 21−22, 2007, Page 9

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6. The above provisions may not be altered or deleted without the written consent of the
Synod.
After review of the Articles of Incorporation of Concordia Historical Institute, the Commission
concludes that the six numbered requirements of 2004 Resolution 4-11, while not quoted
verbatim, are nonetheless incorporated into the Institute’s articles as follows:
1. Article III A acknowledges allegiance to the Synod and its convention by stating that
Institute is “an agency of The Lutheran Church—Missouri Synod and shall be subject to
the Constitution and Bylaws of The Lutheran Church—Missouri Synod,” adding that “the
Board of Governors of the Corporation, its officers, employees, agents, and all of its
activities shall be subject to the duly enacted Bylaws…and resolutions duly enacted by
The Lutheran Church—Missouri Synod, assembled in convention…. to the same extent
as if all of those individuals and activities were directly those of The Lutheran Church—
Missouri Synod.”
2. With Article III A, the Institute also submits to the authority of the Synod and its
convention by subjecting its officers, employees, agents, and activities to the Synod’s
Bylaws and resolutions “to the same extent as if all of those individuals and activities
were directly those of The Lutheran Church—Missouri Synod.”
3. The Institute accedes to, recognizes, and accepts the doctrine taught and practiced in the
Synod by its consistent subjection to the Constitution and Bylaws of the Synod (Art. III
A; Art. VII), which necessarily includes “Article II Confession” of the Constitution of the
Synod.
4. In the event that there is conflict or inconsistency between the organizational documents
of the corporation and the Articles of Incorporation, Constitution, or Bylaws of the
Synod, the Institute states that the Synod’s documents shall control, declaring that
nothing in its documents “shall be inconsistent with” the documents of the Synod (Art. III
A) and that the Bylaws it establishes shall be consistent with the Constitution and Bylaws
of the Synod (Art. VII).
5. The Institute clearly states that upon its own dissolution and liquidation, “all assets of the
corporation remaining after all liabilities and obligations of the corporation have been
paid, satisfied, and discharged…shall be transferred, conveyed, and distributed to The
Lutheran Church—Missouri Synod or its corporate successors….” (Art. VIII).
6. The Institute’s Article IX requires that any changes to its Articles of Incorporation or
Bylaws “shall, prior to approval by the members, have previously been reviewed and
approved by the Board of Directors of The Lutheran Church—Missouri Synod and the
Commission on Constitutional Matters of The Lutheran Church—Missouri Synod.”
193. Gender of University Provost (07-2489)
In a letter dated February 26, 2007, a chairman of a board of regents of a university of the Synod,
after quoting several bylaws of the Synod, concluded that the provost of the school must be male
given that position’s responsibility to serve as acting and/or interim president when the president
is unable to serve. He asked the Commission for its opinion, stating his intention to provide the
response of the Commission to the Provost Search Committee of the school.
Opinion: In a March 16, 1984 opinion, the Commission on Constitutional Matters stated:

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