LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 26–28, 2010, Page 17

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With respect to districts as agencies of the Synod, districts hold a special relationship to the
Synod. As indicated in Bylaw 4.1.1, “The Synod is not merely an advisory body in relation to
a district, but establishes districts in order more effectively to achieve its objectives and carry
on its activities.” Bylaw 4.1.1.1 is even more explicit as it relates to districts: “A district is the
Synod itself performing the functions of the Synod. Resolutions of the Synod are binding
upon the districts.” Bylaw 1.3.6 makes clear a district’s responsibility over against resolutions
of the Synod: “Districts and circuits as component parts of the Synod are obligated to carry
out resolutions of the Synod and are structures for congregations to review decisions of the
Synod, to motivate one another to action, and to shape and suggest new directions….
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.
The Bylaws of the Synod are also the primary bylaws of a district (Bylaw 4.1.1.2), and the district
president under Bylaw 3.1.6.2 also has a duty to refuse consideration of an overture in violation of the
Bylaws of the Synod:
3.1.6.2 (c) The President of the Synod shall determine if any overture contains information
which is materially in error or contains any apparent misrepresentations of truth or of
character. He shall not approve inclusion of any such overture in the Convention
Workbook and shall refer any such overture to the district president who has ecclesiastical
supervision over the entity submitting the overture for action. If any unpublished overture
or resolution is found to be materially in error or contains a misrepresentation of truth or
of character, it shall be withdrawn from convention consideration and referred by the
President of the Synod to the appropriate district president for action.
The President of the Synod under Article XI B of the Constitution has the duty to see to it that district
presidents refuse to allow attempts to engage in such improper actions and the duty to admonish a failure
to do so.
Question 2: May a district of the Synod adopt a resolution redirecting its congregations not to abide by,
honor, or uphold a resolution of the Synod? What would be the effect of such a resolution?
Opinion: For the same reasons, a district is prohibited from adopting a resolution directing or even
suggesting that congregations should not abide by, honor, or uphold a resolution of the Synod, and any
such resolution is null and void.
Question 3: May a district of the Synod adopt a resolution directing its president not to abide by, honor,
or uphold a resolution of the Synod? What would be the effect of such a resolution?
Opinion: For the same reasons, a district is prohibited from considering, much less adopting, a resolution
directing or even suggesting that a district president or anyone else should not abide by, honor, or uphold
a resolution of the Synod, and any such resolution is null and void.