LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 15–16, 2007, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
November 15–16, 2007
Dallas, Texas
11. Call to Order and Prayer
Chairman Albert Marcis called the meeting to order. All members of the commission were present except
Secretary Raymond Hartwig, who was attending a meeting of the Board of Directors. Wilbert Sohns
provided an opening devotion on “the peace of God which surpasses all understanding” based on
Philippians 4:4-7.
12. Meeting with Legal Counsel of the Synod
Sherri Strand, legal counsel of the Synod, met briefly with the commission in executive session by
request of the commission.
13. 2007 Res. 8-06 Appointments
With the adoption of Res. 8-06, the 2007 convention of the Synod called for a special task force “to study
further the composition of the Hearing Panel under Bylaws 2.14, 2.15, and 2.17,” the composition of the
task force to include “two members appointed by the Commission on Constitutional Matters, one of
whom shall be a commissioned minister.”
After appointing Philip Esala as one of its two appointees, members of the commission were asked to
exchange names of potential candidates for the remaining commissioned minister position. The chairman
was directed to make contact with potential candidates prior to action by the commission at its next
meeting.
14. Article II of Guidelines for Constitutions and Bylaws of Lutheran Congregations (07-2492)
A pastor of the Synod in an April 9, 2007 letter raised an issue regarding paragraph 5.4.2 of the
commission’s Guidelines for Constitutions and Bylaws of Lutheran Congregations pertaining to standards
for excommunication, i.e., whether a unanimous vote of a congregation is required for an
excommunication. The commission has requested input from the Commission on Theology and Church
Relations (CTCR) before responding. Upon being advised that the CTCR will not be able to consider the
commission’s request until its December meeting, this issue remains for future consideration.
15. 2007 Res. 8-05A and CCM Opinion 06-2484 (07-2506)
In a July 23, 2007 letter to the commission, a pastor of the Synod asked a series of questions regarding the
consequences for CCM Opinion 06-2484 (and its quotation from the Standard Operating Procedures
Manual) resulting from the adoption of 2007 convention Res. 8-05A. The resolution affirms that Matthew
18 does not apply directly in cases of public sin.
Question 1:

Now that the 2007 convention mandated a change in the Bylaws, does the CCM modify the
answer it gave to Question 8 in its Opinion 06-2484? If so, how? If not, why not?