LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 18, 2008, Page 2

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Article II of the Constitution to insist that such a resolution has binding force for all members, and in
accord with Article XIII to deal with those who refuse to honor such a resolution as ‘members who act
contrary to the Confessions laid down in Article II…’” (1971 Proceedings, p. 118).
With respect to the congregation’s right of self-government and the matter of expediency as far as the
condition of the congregation is concerned (Constitution Art. VII), 1971 Res. 2-21 also declared “[t]hat
the Synod does not intend the exceptions to apply to doctrinal resolutions is evident from the fact that
doctrine does not properly belong to the area of self-government, and from the fact that doctrine may not
be accepted or rejected upon the basis of considerations of expediency. The provision that allows a
member to reject a doctrinal resolution of the Synod is that such a resolution is ‘not in accordance with
the Word of God’ (Article VII of the Constitution).” See also the CCM Opinion 05-2444, “Proper Dissent
and Dispute by Members of the Synod.”
Resolution 3-05A, together with all of the resolutions of the Synod, has implications for ecclesiastical
supervision. This responsibility, primarily of the President of the Synod and district presidents, is to
supervise on behalf of the Synod the doctrine, life, and administration of its members, officers, and
agencies. Such supervision, subject to the provisions of the Synod’s Constitution, Bylaws, and
resolutions, includes visitation, evangelical encouragement and support, care, protection, counsel, advice,
admonition, and, when necessary, appropriate disciplinary measures to assure that the Constitution,
Bylaws, and resolutions of the Synod are followed and implemented (Bylaw 1.2.1 [g]).
In ministering to the pastor (and/or congregation) that performs or sanctions a “marriage” for a same sex
couple, the district president will want to carry out the guidance and spirit of Res. 3-05A, which
encouraged the church’s proper evangelical work to proclaim the reconciliation of the sinner to God in the
death of Jesus Christ (2 Cor. 5:18-19) and to minister to homosexuals and their families in a spirit of
compassion and humility, recognizing that all have sinned and fall short of the glory of God, and are
justified freely by His grace, through the redemption that came by Christ Jesus (Rom. 3:23-24), and
which encouraged that the members of the Synod deal with sexual sins with the same love and concern as
all other sins, calling for repentance and offering forgiveness in the Good News of Jesus Christ when
there is repentance.
If a pastor or congregation should, after appropriate admonition, fail to honor and uphold a doctrinal
resolution of the Synod, the district president shall act under Constitution Art. XIII 1, which states,
“Members who act contrary to the confession laid down in Article II and to the conditions of membership
laid down in Article VI or persist in an offensive conduct, shall, after previous futile admonition, be
expelled from the Synod.” Article XII empowers district presidents “to suspend from membership
ordained and commissioned ministers for persistently adhering to false doctrine or for having given
offense by an ungodly life, in accordance with such procedure as shall be set forth in the Bylaws of the
Synod.” Bylaws 2.13.2–2.13.2.4 (restricted status), 2.13.4–2.13.4.3 (suspended status), and 2.14
(expulsion of congregations or individuals from membership in the Synod) provide the “remedies” or
provisions with respect to a district president’s ecclesiastical supervision.
53. Interpretation of “Position of Service” in Bylaw 2.13.2.2 (a) (08-2528)
In an August 18, 2008 letter, a district president asked for an interpretation of the words “position of
service” in Bylaw 2.13.2.2 (a) as it pertains to pastors serving congregations with pastoral vacancies.
Question 1:

Under Bylaw 2.13.2.2 (a), does “position of service” regularly reference a called position
filled by a member on the “active” roster of the Synod?

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