LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 20, 2012, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Telephone Conference Call Meeting
March 20, 2012

106. Call to Order/Opening Prayer
Chairman Wilbert Sohns called the meeting to order with all members of the commission participating in
the conference call meeting. He called on Philip Esala for an opening prayer.
107. Role of CTCR and CCM Opinions, Doctrinal Statements and Resolutions (12-2634)
With a letter received March 14, 2012, the chairman of a Hearing Panel under Bylaw section 2.14
submitted two questions for the commission’s response in accord with Bylaw 2.14.7.8 (k) (2).
Question 1:

In performing its function under Bylaw 2.14, what weight or significance should a hearing
panel give to:
(a) Prior opinions of the CTCR?
(b) Prior opinions of the CCM?
(c) Opinions of the CTCR or interpretations of the CCM provided to the panel in
response to questions submitted under Bylaw 2.14.7.8 (k)?

Opinion: The role of the Commission on Theology and Church Relations (CTCR) is set out in Bylaws
3.9.5 through 3.9.5.2.2. Bylaw 3.9.5 indicates that the commission “exists to assist congregations in
achieving the objectives of Article III 1 and 6 of the Constitution of the Synod and to assist the President
of the Synod in matters of church relationships.”
Bylaw 3.9.5.2.1 goes on to state that the CTCR “shall provide guidance to the Synod in matters of
theology and church relations.” In performing its function, the CTCR is to prepare and distribute special
studies and documents to the members of the Synod and to conferences, refer theological issues and
questions to proper individuals or groups of individuals for additional study, suggest and provide studies
of contemporary issues, including current issues, foster and provide for ongoing theological education,
and obtain theological treatises, conference papers, and similar documents and studies. The CTCR also
has responsibilities with regard to “Fraternal and Other Organizations” under Bylaws 3.9.5.3 and 3.9.5.3.1
and responsibilities to assist the President of the Synod at his request in discharging his constitutional
responsibilities “for maintaining doctrinal unity within the Synod” (Bylaw 3.9.5.2) and “for maintaining
doctrinal integrity as he relates to other church bodies” (Bylaw 3.9.5.2.2). In addition, the CTCR receives
from time to time special instruction and direction from the Synod in convention.
Fundamentally, the weight or significance that a hearing panel should give to a theological statement or
opinion of the CTCR is the same as the weight or significance that should be given by all members of the
Synod. That is to say, its opinion should be recognized as the considered opinion of the CTCR in
attempting to carry out the bylaw functions identified above.
With respect to the opinions of the Commission on Constitutional Matters (CCM), Bylaw 3.9.2.2 (c)
states that “[a]n opinion rendered by the CCM shall be binding on the question decided unless and until it
is overruled by a convention of the Synod.” As such, a hearing panel is bound by prior opinions of the
CCM, since a convention of the Synod has never overruled an opinion of the commission.