LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 7–8, 2009, Page 8

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Question:

Four congregations have formed a partnership. They each have called the two pastors who
serve this partnership. Can each of the four congregations send a lay delegate to our district
convention which is in June? Also, what is the status of the two pastors in regards to being
the pastoral delegate or delegates to the district convention?

Opinion: The four-congregation partnership is entitled to two votes, that of a pastor who serves the fourcongregation partnership and a lay delegate, both chosen by the four-congregation partnership.
Article V of the Synod’s Constitution states: “At the meetings of the districts of the Synod every
congregation or parish is entitled to two votes, one of which is to be cast by the pastor and the other by
the lay delegate.”
In its Opinion 03-2327 (January 20-21, 2003) the Commission on Constitutional Matters opined with
respect to Article V the opinion, “Voting Rights of Congregations,” included the definition of the term
“parish” and addressed a multiple-congregation arrangement:
In the May 3–4, 1985 ruling (Ag. 1748), the commission ratified an opinion that had been
offered by the Secretary of the Synod regarding the voting rights of congregations at district
conventions when several congregations form a dual or multiple parish, namely, “that a
multiple parish has only two votes, that of the pastor who serves the parish and a lay
delegate chosen by the parish.”
This opinion took into consideration earlier versions of the Handbook that had provided a
definition of the term “parish,” e.g., “If a pastor serves two or more congregations, these
shall be regarded as one parish and shall be entitled to only one lay vote” (1963 Handbook,
Bylaw 3.09). The term [parish] therefore refers to a dual or multiple congregation
arrangement served by the same pastor and is not synonymous with “congregation.” As
such, two or more congregations served by one pastor share the right of representation by
one lay delegate and one pastoral delegate to a district convention.”
The four-congregation partnership constitutes one “parish” as defined above.
Other opinions of the commission are also helpful to understand the representation provision of the
Synod. In an October 1–2, 1970 opinion (item 226 in the minutes), the commission stated that the matter
of “two or more congregations served by one pastor shall be regarded as one parish entitled to only one
set of delegates” is not contrary to the Constitution (see also Opinions Ag. 1275A, B [June 9, 1978]; Ag.
1734 [Feb. 1, 1985]; Ag. 1809 [March 27, 1987]; Ag. 2104 [May 22, 1998). And in a review of a
district’s proposed bylaw changes (02-2321 [Jan. 20–21, 2003], the commission noted that a proposed
change
does not appear to clarify voting status as intended. In the case of a dual parish served by
two called pastors, the proposed bylaw would seem to allow each congregation to have both
a lay delegate and a pastoral delegate. Please note Article V of the Synod’s Constitution: “At
the meetings of the districts of the Synod every congregation or parish is entitled to two
votes, one of which is to be cast by the pastor and the other by the lay delegate.” (See also
Opinion 03-2327.)

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