Collection › LCMS Commission on Constitutional Matters — Minutes (St. Louis, Missouri) › 2012 › Page 2

LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 20, 2012, Page 2

Page 1 Page 2 Page 3 Page 4 Page 5

Source: The Lutheran Church—Missouri Synod (files.lcms.org)

⤓ Download page image (full resolution)

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

With respect to the opinions of the CTCR or interpretations of the CCM provided to a panel in response
to questions submitted under Bylaw 2.14.7.8 (k), a different result attaches. While, as discussed above, in
general the opinions of the CTCR are provided for the “guidance” of the Synod, Bylaw 2.14.7.8 (k) (4)
specifically states: “When an opinion has been requested, the time limitations will not apply until the
parties have received the opinion. The panel must follow any opinion received from either the CCM or
the CTCR.” Therefore, unlike other letters, opinions, study guides, and other materials prepared by the
CTCR, in this particular circumstance the Synod has chosen to bind a panel, for the purposes solely of the
case then before it, to an opinion issued by the CTCR when a question is submitted to it by the panel
under this bylaw.
With respect to interpretations provided to a panel by the CCM, such opinions, as described above, are
always binding on the Synod. No difference in weight or significance attaches to an opinion of the CCM
under Bylaw 2.14.7.8 (k).
Question 2: Does the Synod require as a condition of membership that a member be bound by a
doctrinal statement or resolution by the Synod in convention?
Opinion: No. This issue was resolved at least as far back as 1962. The 1959 convention had adopted
Resolution 9 of Floor Committee 3, which read as follows:
Subscribing to the “Brief Statement,” the General Confessions, and Particular Symbols of the
Lutheran Church; Teaching the Doctrine of Inspiration at Our Colleges and Seminaries; Using
Scripture as the Word of God
RESOLUTION 9, COMMITTEE 3
WHEREAS, The pastors, teachers, and professors of Synod at the time of their ordination and
installation pledge themselves to be faithful to the Holy Scriptures and to the Lutheran Confessions
(“…solemnly pledge to the Scriptures as the inspired and inerrant Word of God and to the Symbolical
Books of the Lutheran Church as a true exposition of the Scriptures…” Synodical Handbook, 4.19; 4.21;
4.23); and
WHEREAS, Some persons have inquired as to the binding force of the Brief Statement as well as other
statements on doctrine and practice formally adopted by Synod; and
WHEREAS, Article II-C of the Articles of Incorporation of The Lutheran Church—Missouri Synod lists
as an objective of Synod “to exercise supervision over such pastors and teachers as to doctrine, practice,
and performance of their official duties”; therefore be it
Resolved:
A. That Synod further clarify its position by reaffirming that every doctrinal statement of a confessional
nature adopted by Synod as a true exposition of the Holy Scriptures is to be regarded as public doctrine
(publica doctrina) in Synod; and
B. That Synod’s pastors, teachers, and professors are held to teach and act in harmony with such
statements; and
C. That those who believe that such statements are not satisfactory in part or in their entirety are not to
teach contrary to them, but rather are to present their concern to their brethren in the ministry, particularly
in conferences, to the appropriate district officials, and if necessary to the synodical officials.

The issue of the constitutionality of adding to the confessional statement of the Synod and effectively the
requirements of membership by resolution, rather than by the process of amending the Constitution, was
then raised. While no formal opinion of the CCM had been previously requested, the issue was submitted
to them in preparation for the 1962 convention. During the CCM’s meeting of May 14–15, 1962, most of
the entire meeting was spent examining and discussing the issue. A standing committee was appointed to

255