LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 10–12, 2012, Page 2

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Upon request of the commission, a portion of the first day of the commission meeting was devoted to a
conversation with Dr. Joel Lehenbauer, Executive Director of the Commission on Theology and Church
Relations (CTCR), regarding his commission’s February 12, 2010 opinion and a more recent September
8, 2011 related opinion, “CTCR Response to Request from Rocky Mountain District President.” Also
discussed were a paper entitled “Historical Background and Interpretation of Article VI.2 of the
Constitution of The Lutheran Church—Missouri Synod” by Dr. Gerhard Bode of the St. Louis seminary
and other related documents and former Commission on Constitutional Matters opinions.
Question 1: Is reception of the Lord’s Supper in an unofficial and private capacity considered “[t]aking
part in the services and sacramental rites” of a congregation, as that phrase is used in Article
VI, section 2 b of the Constitution?
Opinion: No, reception of the Lord’s Supper, by itself, does not constitute “[t]aking part in the services
and sacramental rites” of a congregation, as that phrase is used in Article VI, paragraph 2 b of the
Constitution. In so answering, it is assumed that the intention of this question is the same question that
was asked of the CTCR: “Is reception of the Lord’s Supper ‘[t]aking part in the services and sacramental
rites’ of a congregation, as that phrase is used in Article VI Section 2 b of the Constitution?”
This opinion is not based on whether reception of the Lord’s Supper occurs “in an unofficial and private
capacity,” as that distinction is not found in the Constitution. The decision is also not based on whether
the individual members of the Synod (ordained ministers and commissioned ministers) are active or
inactive, as the constitutional requirements of membership are the same for both categories of members.
Instead, this opinion is based on the constitutional “[c]onditions for acquiring and holding membership in
the Synod.” And as indicated in the CTCR opinion, it is a matter of the interpretation of the phrase
“‘taking part in’ within the context of Article VI 2 b….”
The immediate context of “[t]aking part in the services and sacramental rites” is Article VI 1 and 2 as
follows:
Article VI Conditions of Membership
Conditions for acquiring and holding membership in the Synod are the following:
1.
2.

Acceptance of the confessional basis of Article II.
Renunciation of unionism and syncretism of every description, such as:
a. Serving congregations of mixed confession, as such, by ministers of the church;
b. Taking part in the services and sacramental rites of heterodox congregations or of congregations of
mixed confession;
c. Participating in heterodox tract and missionary activities.

The last two words of paragraph 2, “Renunciation of unionism and syncretism of every description, such
as” [emphasis added] indicate that what follows in the three subparagraphs of paragraph 2 are examples
of that which is prohibited in the opening sentence of paragraph 2. Subparagraph b prohibits a member of
the Synod from taking part in the services and sacramental rites of heterodox congregations or of
congregations of mixed confession.
Historically, “[t]aking part in the services and sacramental rites of heterodox congregations or of
congregations of mixed confession” (Art. VI 2 b [emphasis added]) is consistent with and linked to
subparagraphs “a” and “c.” Subparagraph “a” is the example of serving as the called pastor administering
Word and Sacraments. Subparagraph “c” is an example of the activities of administering the Word
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