LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 3–4, 2009, Page 11

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To the extent that a resolution of the Synod establishes an initiative directing action or participation by an
agency of the Synod, whether a district or other agency, it is not the prerogative of the agency to
determine whether it wants to participate. Rather, it is required as part of its covenant with the Synod to
do so. The refusal of an agency of the Synod, including a district, to follow or accept the resolutions of
the Synod is without authority and should be considered null and void.
This issue has been raised in the past. For example, in Ag. 632 (1974) the Commission on Constitutional
Matters opined: “All resolutions of districts which provide for district action which is in conflict with the
above are unconstitutional and therefore null and void (Article XII, 2; Bylaw 3.07). Districts and district
presidents are obligated to carry out the resolutions of the Synod (Article XII, 9, a; Bylaw 3.07, a).” [The
referenced Bylaw 3.07 is now Bylaws 4.1.1 and 4.1.1.1 in the 2007 Handbook.]
Similarly, with respect to doctrine taught and practiced by the Synod through its resolutions, the issue has
previously been raised in Opinion 00-2212, as follows:
Bylaw 2.39, c [2007 Handbook Bylaw section 1.8] describes the procedure for dissent to
doctrinal resolutions of the Synod by members of the Synod. Districts are not members of
the Synod but are divisions of the Synod, “the geographical boundaries of which are
determined by the Synod and are altered by it according to circumstances” (Article XII,
1). “The Synod establishes districts in order more effectively to achieve its objectives and
carry on its activities” (Bylaw 4.01) [2007 Bylaw 4.1.1]. As such, districts “as component
parts of the Synod are obligated to carry out the resolutions of the Synod” (Bylaw 1.05, f)
[2007 Bylaw 1.3.6]. An official action by a district, therefore, to file an expression of
dissent to the Synod regarding a doctrine taught and practices by the Synod is out of
order and, therefore, null and void.
In circumstances where the Synod has adopted a resolution calling for action or participation by a specific
agency of the Synod, or by all its agencies, the agency is not at liberty to ignore that resolution. Any
attempt by the agency to pass a resolution calling for the agency’s disobedience of such resolution is
without authority and thus should be considered null and void. Under such circumstances, the matter
should be brought to the attention of the President of the Synod, who is charged under Bylaw 3.3.1.2:
“The President shall oversee the activities of all officers, executives, and agencies of the Synod to see to it
that they are acting in accordance with the Constitution, Bylaws, and resolutions of the Synod.”
94. Blue Ribbon Task Force on Synod Structure and Governance (BRTFSSG)
Commission member and BRTFSSG member Will Sohns introduced the “Walking Together” document
and slide presentation that is being used in district conventions to inform the church regarding and to
invite response to proposals being considered by the task force. After discussion of the document, the
commission also discussed its role in the development of Handbook amendment proposals to come before
the 2010 convention of the Synod.
95. Future Meeting Dates and Adjournment
After establishing July 10-11 as its next meeting date, the meeting was adjourned with prayer.

Raymond L. Hartwig, Secretary

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