LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 18, 2008, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
August 18, 2008

(This meeting was held in conjunction with the Synod’s Theological Convocation, “Carrying Out God’s
Mission in the 21st Century: The Relationship Between Theology and Polity.” The commission limited its
agenda to matters requiring immediate attention.)
51. Call to Order and Review of Agenda
Chairman Albert Marcis called the meeting to order with all members present, opened the meeting with
prayer, and reviewed its agenda. President Gerald Kieschnick was also in attendance for a portion of the
meeting.
52. 2004 Res. 3-05A “To Affirm Marriage as Union of One Man and One Woman” (08-2524)
In a letter dated June 10, 2008, a district president asked the commission to interpret 2004 convention
Res. 3-05A (“To Affirm Marriage as the Union of One Man and One Woman) as it relates to the
California Supreme Court decision overturning the California ban on same sex unions and as it relates to
the implications for ecclesiastical supervision as required by the Constitution and Bylaws of the Synod.
Questions: 1. Please share with me your interpretation of Resolution 3-05A, “To Affirm Marriage as
Union of One Man and One Woman” (2004 Proceedings, p. 130). What is the authority
of this resolution and its implications for ecclesiastical supervision?
2. Given your definition and interpretation of Res. 3-05A, what do the Constitution and
Bylaws of the Synod describe as the remedies on the part of a district president if a pastor
in the district should perform a “marriage” for a same sex couple?
Opinion: With respect to the society demanding legal recognition of same-sex unions as “marriages” (cf.
the Supreme Court of the State of Massachusetts Feb. 4, 2004 decision and the California Supreme Court
2008 decision), 2004 LCMS convention Res. 3-05A declares “homophile behavior as intrinsically sinful”
and that “homosexual behavior is prohibited in the Old and New Testaments (Lev. 18:22, 24; 20:13; 1
Cor. 6:9–20; 1 Tim. 1:10) as contrary to the Creator’s design (Rom. 1:26–27).” The resolution urged the
Synod’s members “to give a public witness from Scripture against the social acceptance and legal
recognition of homosexual ‘marriage’” and resolved “[t]hat the LCMS, in convention, affirm, on the basis
of Scripture, marriage as the lifelong union of one man and one woman (Gen. 2:2 – 24; Matt. 19:5 – 6).”
Under the assumption that 2004 Res. 3-05A is in accordance with the Word of God, the Synod expects
every member congregation of the Synod to respect the resolution and consider it of binding force (Cf.
Bylaw 1.7.2). Bylaw 1.6.2 (a) states, “Such resolutions come into being in the same manner as any other
resolutions of a convention of the Synod and are to be honored and upheld until such time as the Synod
amends or repeals them” (emphasis added; cf. also Bylaw 1.8.1). And Bylaw 1.7.1 further states, “The
Constitution, Bylaws, and all other rules and regulations of the Synod apply to all congregational and
individual members of the Synod.”
1971 convention Res. 2-21 confirmed the binding nature of such resolutions: “[P]rovided a doctrinal
resolution is in fact in harmony with the Word of God, which is ‘the only rule and norm of doctrine,’ the
content of such a resolution is intrinsic to the Synod’s confessional basis….It is fully in accord with