LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 10–12, 2012, Page 5

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

members. Such supervision includes not only suspension or termination of membership but also advice,
counsel, encouragement, and, when necessary, admonition regarding teaching and/or practice.
Furthermore, the procedures that may lead to termination of membership also provide for the protection
of members by including provisions for challenging the decisions of ecclesiastical supervisors in these
matters as well as provisions for restoration of membership that has been suspended or terminated.
(a) Although the Constitution (see Art. VI 3 and Art. XII 7 – 8) deals with the “life” of ordained and
commissioned ministers of the Synod and provides for dealing with “ungodly life” of ordained and
commissioned ministers, this does not suggest that the Synod, including any district of the Synod,
has the duty or even an opportunity to observe the activities in the life of an individual member of
the Synod or has the means or authority to regulate, restrict, or control those activities. The only
remedy available to the Synod in response to improper activities in the life of such a member of the
Synod is, as is true with respect to violations of other conditions of membership or is otherwise
appropriate under the Constitution or the Bylaws, and following the procedures set forth in these
Bylaws, to take such action as may lead to termination of that membership and the attendant rights
and privileges. 3

Article XIII of the Constitution provides the constitutional basis for the above bylaws:
Article XIII Expulsion from the Synod
1.

2.
3.

4.

Members who act contrary to the confession laid down in Article II and to the conditions of membership
laid down in Article VI or persist in an offensive conduct shall, after previous futile admonition, be
expelled from the Synod.
Expulsion shall be executed only after following such procedure as shall be set forth in the Bylaws of the
Synod.
If the member expelled is a pastor or teacher in a congregation of the Synod, such congregation, unless it
has already done so, is held to depose him from office and to deal with him in accordance with the Word of
God, notwithstanding an appeal. If it persistently refuses to do so, the respective district is to deal with it. If
all negotiations and admonitions fail of their purpose, such congregation forfeits its membership in the
Synod.
Because of their expulsion, those so expelled forfeit their membership and all share in the property of the
Synod. The latter holds good also with respect to those who for any reason themselves sever their
connection with the Synod.

In Article XII of the Constitution, the district president is given ecclesiastical authority in the Constitution
of the Synod: “The district president shall, moreover, especially exercise supervision over the doctrine,
life, and administration of office of the ordained and commissioned ministers of their district….” (Art.
XII 7). “District presidents are empowered to suspend from membership ordained and commissioned
ministers for persistently adhering to false doctrine or for having given offense by an ungodly life, in
accordance with such procedure as shall be set forth in the Bylaws of the Synod” (Art. XII 8).
Any “discipline” by a district president (ecclesiastical supervisor) must be in compliance with the
Constitution and Bylaws of the Synod (cf. the above constitution and bylaw citations). For instance,
ecclesiastical supervision is exercised not by the individual interpretation of the ecclesiastical supervisor,
not by public opinion, and not by individuals or groups within or outside of the Synod, but by the
collective will of the congregations of the Synod in convention. This holds true in administering the
supervisory and disciplinary provisions of the Bylaws in carrying out Article XIII of the Constitution.
3

With respect to “improper activities,” it is important to note that all are sinful and engage in improper activities and that not all
sinful conduct, and certainly not all conduct which may be deemed improper even if not sinful, can form the basis for expulsion
from the Synod. The primary remedy is the power of God’s Word in convincing, persuading, advising, and admonishing (cf.
“futile admonition,” Constitution, Art. XIII).

239