LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 4–5, 2008, Page 4

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The Commission on Constitutional Matters requests that the Board for District and Congregational
Services consider these concerns and suggestions, make necessary changes, and report back to the
commission as soon as possible (Bylaw 3.9.2.2.4 [a]).
(Policy reviewed April 4–5, 2008)
30. CCM Model Constitution re Excommunication Vote (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 2006 Guidelines for Constitutions and Bylaws of Lutheran Congregations pertaining to
standards for excommunication, i.e., whether a unanimous vote of the congregation is required for an
excommunication. He judged that “the model constitution…provided by [the] Synod contradicts [the]
Synod’s position on excommunication under Article II of [the] Synod’s Constitution” and suggests that
“the model constitution” be revised and congregations be advised to revise their constitutions to reflect
the “Synod’s doctrinal position.”
Question:

[Does] the model constitution provided by the Synod contradict the Synod’s position on
excommunication under Article II of the Synod’s Constitution?

Opinion: While the pastor did not formally request an opinion from the Commission on Constitutional
Matters (Bylaw 3.9.2.2), the commission regards the communication with having the intention to ask the
above question.
The Commission on Constitutional Matters regards the 2006 Guidelines to be consistent and in harmony
with Article II of the Synod’s Constitution, including the Synod’s position on excommunication under
Article II. The 2006 Guidelines state:
Communicant members who conduct themselves in an un-Christian manner shall be
admonished according to Matthew 18:1520 and the congregation’s stated and adopted
guidelines. If they remain impenitent after proper admonition, they shall be
excommunicated. Each case of excommunication or self-exclusion shall be presented to
the voters assembly for a decision. A two-thirds majority vote of the voters assembly
shall be required.
The “two-thirds majority vote” reflects concern by the commission that excommunication not occur by a
simple majority vote because of the gravity and great importance of the matter.
Historically, the 1956 and 1963 Guidelines for Constitutions and Bylaws of Lutheran Congregations do
suggest a “unanimous vote” by the voters assembly for excommunication. However, the 1985 and 2000
Guidelines do not suggest what the vote should be, stating: “Each case shall be presented individually to
the voters assembly for a decision.”
It should be noted that the Guidelines for Constitutions and Bylaws of Lutheran Congregations are indeed
“guidelines” only and should not be regarded as a “model constitution.” Constitutional polity has
traditionally been considered an adiaphoron by the Synod.
In preparation for its response to the April 9, 2007 communication referenced above, the commission
requested input from the Commission on Theology and Church Relations (CTCR). The response of the
CTCR follows:

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