LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 6–7, 2008, Page 8

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Question:

Can a [district board of directors] and its [constitution committee] mandate that the
congregation include a clause in its constitution that requires the [congregation] to submit its
revisions to the [constitution committee]?

Opinion: The judgment and responsibility to determine what is acceptable in a congregation’s constitution
and bylaws has been given by the Synod only to a district board of directors, upon recommendation of the
district president and upon the advice of the district constitution committee. With respect to retaining
membership in The Lutheran Church—Missouri Synod, Bylaw 2.4.1 (c) states:
(c) Upon advice of the constitution committee and recommendation by the district
president, the district board of directors shall determine if the changes are acceptable to
the Synod.
The Constitution and Bylaws of the Synod do not mandate a clause in a congregation’s constitution
and/or bylaws that requires the congregation to submit its revisions to the constitution committee.
However, the document, “Guidelines for Constitutions and Bylaws of Lutheran Congregations” (which is
just that: “guidelines”), does suggest wording for the congregation’s constitution and bylaws for the sake
of unity and harmony, for benefiting the congregation in its responsibilities and in its relationship to the
Synod, and for the sake of avoiding any potential future conflict or potential legal difficulties.
When determining what changes are acceptable concerning the provisions in a congregation’s
constitution, a district board of directors must follow no more than the criteria set forth in the Bylaws of
the Synod, which state:
The district president shall refer such to the district’s constitution committee for review to
ascertain that the provisions are in harmony with Holy Scripture, the Confessions, and the
teachings and practices of the Synod (Bylaw 2.4.1 [b]).
It should be noted that even if the clause in question is not in the congregation’s constitution, a member
congregation is required to submit a revised or new constitution and/or bylaws for continued membership
in The Lutheran Church—Missouri Synod. The Bylaws of the Synod clearly state in Bylaw 2.4.1:
A congregation desiring to retain membership in The Lutheran Church—Missouri Synod
shall continue to have a constitution and bylaws approved by the Synod.
(a) A member congregation which revises its constitution or bylaws or adopts a new
constitution or bylaws shall, as a condition to continued eligibility as a member of the
Synod, submit such revised or new constitution and/or bylaws to the district president.
47. Congregations’ Right to Suspend Bylaws (08-2519)
As a result of the proposed congregation transformation process that is currently underway in some
districts and is being considered by several more, a number of district presidents, in an e-mailed June 2,
2008 letter following their participation in a training session, raised a series of questions regarding some
of the recommendations proposed as part of the revitalization process. Included with the questions was
the following paragraph providing background regarding said process:
The revitalization process recommends that congregations suspend those portions of their
bylaws that address election, officers, and governance structures. All other bylaws and, of
course, the Constitution and/or Articles of Incorporation remain intact. The intent is to

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