LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 15–16, 2007, Page 3

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Finally, the Commission encourages the questioner to review the May 2006 Report of the
Commission on Theology and Church Relations (CTCR) entitled, Public Rebuke of
Public Sin, which is applicable and helpful.
Question 2:

Are the words quoted from the Standard Operating Procedures Manual in accord with the
post-2007 convention Bylaws of the Synod? If so, why?

Opinion: Since the Standard Operating Procedures Manual provides the procedures for implementing the
mutual covenants and agreements under which a member may be expelled from the Synod, and for the
reasons discussed above, the cited portion of the manual is unaffected by 2007 Res. 8-05A.
16. “Close(d) Communion” as a Constitutional Requirement (07-2508)
In a letter received September 14, 2007, a pastor of the Synod, after introductory comments, asked
whether it is a constitutional requirement to practice close(d) communion in order to maintain status in the
Synod. The letter was accompanied by an essay authored by the questioner, “A R[e]examination of
Admission to the Lord’s Supper[:] Another Look at Some of the Biblical and Confessional Texts.”
Question:

Does a pastor or congregation on the roster of the Synod have to practice close(d)
Communion as a constitutional requirement for maintaining proper status in the Synod, or is
this not set in cement and the members are asked merely to honor the position?

Opinion: The Constitution of the Synod does not address “close(d) Communion.” However, the Synod
affirmed in 1986 convention Res. 3-08 and reaffirmed in 1995 convention Res. 3-08 “that the pastors and
congregations of The Lutheran Church—Missouri Synod continue to abide by the practice of close
Communion, which includes the necessity of exercising responsible pastoral care in extraordinary
situations and circumstances” (1998 Res. 3-05—emphasis added). In the same resolution, the Synod
resolved that it “pleads with its members by the mercies of God to abide by the historic practice of the
church and The Lutheran Church—Missouri Synod concerning admission to the Lord’s Supper”
(emphasis added).
Among the conditions for acquiring and holding membership in the Synod is “1. Acceptance of the
confessional basis of Article II” (Constitution Art. VI). While doctrinal resolutions of the Synod are not
the basis for acquiring and holding membership in the Synod, under Article II the Synod, in seeking to
clarify its witness or to settle doctrinal controversy, understands that it has the right to adopt doctrinal
resolutions and statements which are in harmony with Scripture and the Lutheran Confessions (Cf. Bylaw
1.6.2 and 1973 convention Res. 2-12). 1973 Res. 2-12 also resolved that the Synod “reaffirm its position
(Milwaukee Proceedings, Res. 2-21 and 5-24) that such [doctrinal] statements, insofar as they are in
accord with the Scriptures and the pattern of doctrine set forth in the Lutheran Symbols, are, pursuant to
Article II of the Synod’s Constitution, binding upon all its members (Cf. also Article VII)” (emphasis
added). On April 18-19, 1974, the Commission on Constitutional Matters addressed positively the
constitutionality of 1973 Res. 2-12.
According to Bylaw 1.7.2, “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.” In joining the Synod, the members
voluntarily agree that “[t]he Constitution, Bylaws, and all other rules and regulations of the Synod apply
to all congregational and individual members of the Synod” (Bylaw 1.7.1).
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