LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 10–12, 2012, Page 4

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Opinion: While the answer to question 1 is no, see the full answer to question 1, which recognizes that
Article VI 2 b does not address the issue of an individual member attending a service of worship or
receiving Holy Communion. Rather, Article VI 2 a, b, and c addresses “mixing of churches” (now
described as altar and pulpit fellowship with those with whom we are in doctrinal disagreement [mixing
of faiths]), fellowship involving LCMS and non-LCMS congregations, and the leadership of heterodox
congregations by an LCMS pastor. The commission recognizes that the examples given in subparagraphs
a, b, and c of Article VI 2 do not provide an exhaustive list of every example that might violate the
condition of membership that calls for the “renunciation of unionism and syncretism of every
description.”
Question 3: Is it proper for a district president to restrict or suspend a retired pastor’s (emeritus) ministry
in the LCMS…for communing in a church not in fellowship with the LCMS? [Question has
been abbreviated in order to focus on the substance of the question.]
Question 4: If the answer to question 3 is yes, then: Is it proper for any district president or other elected
officers of the Synod and its districts to provide for monitoring and disciplining members of
the Synod [for]…attending worship, communion, a wedding, and/or a funeral in a nonLCMS church? [Question has been abbreviated in order to focus on the substance of the
question.]
Opinion: Because of the nature and relationship of the two questions, the commission hereby answers the
questions together. The constitutional requirements for maintaining membership are the same for all
members, whether active or emeritus. While the Constitution and Bylaws of the Synod do not make
explicit use of the terminology “monitoring and disciplining members of the Synod,” the responsibility
for ecclesiastical supervision is clear in the Constitution and Bylaws. The following bylaw and
constitutional provisions apply whether or not an individual member of the synod is active or inactive
(including “emeritus”).
Bylaw 2.13.2 states: “An individual member of the Synod may be placed on restricted status by the
district president who has ecclesiastical supervision of the member.” Bylaw 2.13.2.1 (a) states: “The
district president may take this action if information with respect to such member provides a substantial
basis to conclude that such member (a) has engaged in conduct which could lead to expulsion from the
Synod under Article XIII of the Constitution.…”
Bylaw 2.13.4 states: “When formal proceedings have been commenced against a member of the Synod
(individual and congregation) under the procedures set forth in Bylaw sections 2.14–2.17 which may lead
to expulsion from the Synod under Article XIII of the Constitution, the member shall have suspended
status. If such member was on restricted status at the commencement of formal proceedings, the restricted
status shall become suspended status.” Bylaw 2.13.4.1 states: “Suspended status shall continue until the
formal proceedings are completed favorably to the member or until membership is duly terminated.”
Bylaws 2.14.1 and 2.14.1 (a) also apply in answering these questions:
2.14.1 Termination of membership in the Synod is a serious matter involving both the doctrine and life of
those to whom it has been granted. Such action should only be taken as a final step when it is clear that
those who are being terminated after previous futile admonition have acted contrary to the confession
laid down in Article II or the conditions of membership laid down in Article VI or have persisted in
offensive conduct (Constitution, Art. XIII 1). For this reason, the Synod establishes procedures for such
action, including the identification of those who are responsible for ecclesiastical supervision of its

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