LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 11–13, 2011, Page 31

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can vote to leave the Synod. But the congregation (its property and assets) remain with the
one or more persons who vote to remain in the Synod”?
Opinion: While the question is somewhat argumentative, more importantly, it goes beyond the scope of
the commission’s authority and responsibility. Determination of whether a congregation’s property and
assets would remain with the one or more persons who vote to remain with the Synod is a question of the
congregation’s governing documents, not the Synod. Since a congregation’s governing documents are
filed with the district, a district president would be aware of such provisions and, if the issue of
disassociation were to arise in discussion with members of the congregation, he ought to be prepared to
candidly discuss the results and consequences of such action. In the event of disagreement within a
congregation, if the language of the congregation’s own governing documents has delegated to the Synod,
and ultimately to the district president, responsibility for determining which persons or faction within a
congregation have remained true to the confessions of The Lutheran Church—Missouri Synod, such
governing documents may well dictate the result suggested by the question.
82. Congregation Representation at Circuit Forums (11-2617)
In an emailed letter dated October 4, 2011, a circuit counselor requested an opinion regarding the
interpretation of Bylaws 5.2.2 (c), 5.3.2, and 3.1.2.1 (c) pertaining to representation at circuit forums from
a dual parish that has two called pastors. He asked two questions:
1. In the case of a dual parish with two called pastors, may both pastors of this dual parish vote at
the circuit forum to elect delegates to a convention of the national Synod, each pastor
representing a different congregation (governed by Bylaw 3.1.2.1 [c])?
2. In the case of a dual parish with two called pastors, may both pastors of this dual parish vote at
the circuit forum to select a circuit counselor, each pastor representing a different congregation
(governed by Bylaws 5.2.2 [c] and 5.3.2)?
The bylaws pertinent to these questions are, as mentioned, the following:
3.1.2.1 (c) The privilege of voting shall be exercised by one pastor and one layperson from each member
congregation of the circuit, both of whom shall have been selected in the manner prescribed by the
congregation. Multiple parishes shall be entitled to a lay vote from each member congregation.
5.2.2

(c) Selection of the circuit counselor shall be by election by written ballot. The privilege of voting shall
be exercised by the representatives from each member congregation of the circuit, who shall have been
selected in the manner prescribed by the congregation (Bylaw 5.3.2).

5.3.2

The circuit forum consists of a pastor of each congregation and one member of each congregation
designated by the congregation.

Question 1: In the case of a dual parish with two called pastors, may both pastors of this dual parish vote
at the circuit forum to elect delegates to a convention of the national Synod, each pastor
representing a different congregation (governed by Bylaw 3.1.2.1 [c])?
Opinion: No. In contrast to lay delegates who are affiliated with only one congregation, a pastor/pastors
of a multiple-congregation parish is/are called by and serve the whole. Therefore, only one pastor would
be eligible to represent the multiple-congregation parish at meetings of the circuit forum to elect delegates
to a convention of the national Synod.

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