LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 20, 2012, Page 4

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E. Therefore, in our opinion, Resolution 9 of Floor Committee 3 of the San Francisco convention is
unconstitutional, not because of any inherent defect in the wording or the content of any doctrinal
statement adopted by the Synod as a public doctrine but because Resolution 9 of Floor Committee 3
was not submitted as an amendment to the Constitution in accordance with the provisions of Article
XIV.

The 1962 convention considered the matter further and recognized that the Synod could not require as a
condition of membership that a member be bound by a doctrinal statement or resolution adopted by the
Synod in convention, unless the process of constitutional amendment was followed, and adopted 1962
Res. 6-01:
WHEREAS, The confessional basis which all members of The Lutheran Church—Missouri Synod are
bound to accept without reservation is set forth in Article II of the Constitution of the Synod, namely: the
Holy Scriptures and the Symbolical Books of the Lutheran Church (see Reports and Memorials “Reference
Material” [yellow], p. 3); and
WHEREAS, Article VI of the Constitution of the Synod prescribes that one of the conditions for
acquiring and holding membership in the Synod is: “Acceptance of the confessional basis of Article II,”
which article prescribes only the Holy Scriptures and the Symbolical Books of the Lutheran Church; and
WHEREAS, The Synod at its 1959 convention, in answer to a question as to the binding force of
statements on doctrine and practice, passed a resolution known as Resolution 9 of Committee 3, declaring
that the Synod’s pastors, teachers, and professors are held to teach and act in harmony with every doctrinal
statement of a confessional nature adopted by the Synod as a true exposition of the Holy Scriptures, which
are to be regarded as public doctrine (publica doctrina) (see Reports and Memorials [yellow], “Reference
Material” p. 22); and
WHEREAS, Questions have been raised as to whether this resolution, by making such doctrinal
statements binding on members of the Synod, is not thereby requiring members of the Synod to subscribe
to doctrinal statements additional to those which are required by the Constitution of the Synod and
therefore has the effect of amending the Constitution by a simple resolution; and
WHEREAS, Article XIV of the Constitution of the Synod provides that an amendment of the
Constitution requires a two-thirds majority vote of all votes cast and submission to congregations of the
Synod; and
WHEREAS, The Synod has been requested to declare Resolution 9 unconstitutional because (1) it has
the effect of amending the Synod’s Constitution and (2) was not submitted as an amendment as required by
Article XIV; and
WHEREAS, The doctrinal content or Scriptural correctness of any doctrinal statements is not being
judged or questioned in the consideration of the constitutionality of Resolution 9, but the question of
constitutionality is confined to proper procedure, as fully set forth in the supplemental report of the
standing Committee on Constitutional Matters, in which the committee rendered the opinion that
Resolution 9 is unconstitutional (see Unprinted Memorial 601-A); and
WHEREAS, Your Floor Committee 6 of this convention is in agreement with the opinion of the standing
Committee on Constitutional Matters; therefore be it
Resolved, That the Synod declare Resolution 9 of Committee 3 of the 1959 synodical convention
unconstitutional on the ground that said resolution has the effect of amending the confessional basis of the
Constitution of the Synod without following the procedure required by Article XIV of the Constitution.

The issue is further clarified by recognizing that one must unconditionally accept and subscribe to the
confessional position set forth in Article II of the Constitution to obtain and retain membership. The
Synod provides no avenue of dissent from that unconditional subscription. With respect to doctrinal
resolutions and statements, however, the Synod expressly recognizes and provides for a process of
dissent. While members of the Synod are expected to honor and uphold the resolutions of the Synod,
including doctrinal resolutions and doctrinal statements, the Bylaws specifically provide for a process of
dissent, described in Bylaw section 1.8:
1.8.1 While retaining the right of brotherly dissent, members of the Synod are expected as part of the life
together within the fellowship of the Synod to honor and uphold the resolutions of the Synod.

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