LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 17–18, 2018, Page 2

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Question:

Four congregations have formed a partnership. They each have called the two pastors
who serve this partnership. Can each of the four congregations send a lay delegate to
our district convention which is in June? Also, what is the status of the two pastors in
regard to being the pastoral delegate or delegates to the district convention?

Opinion: The four-congregation partnership is entitled to two votes, that of a pastor who serves the
four-congregation partnership and a lay delegate, both chosen by the four-congregation partnership.
Article V of the Synod’s Constitution states: “At the meetings of the districts of the Synod, every
congregation or parish is entitled to two votes, one of which is to be cast by the pastor and the other by
the lay delegate.”
In its Opinion 03-2327 (January 20–21, 2003), the Commission on Constitutional Matters opined with
respect to Article V the opinion, “Voting Rights of Congregations,” included the definition of the term
“parish” and addressed a multiple-congregation arrangement:
In the May 3–4, 1985 ruling (Ag. 1748), the commission ratified an opinion that had been offered
by the Secretary of the Synod regarding the voting rights of congregations at district conventions
when several congregations form a dual or multiple parish, namely, “that a multiple parish has only
two votes, that of the pastor who serves the parish and a lay delegate chosen by the parish.”
This opinion took into consideration earlier versions of the Handbook that had provided a definition
of the term parish, e.g., “If a pastor serves two or more congregations, these shall be regarded as
one parish and shall be entitled to only one lay vote” (1963 Handbook, Bylaw 3.09). The term
[parish] therefore refers to a dual or multiple-congregation arrangement served by the same pastor
and is not synonymous with congregation. As such, two or more congregations are served by one
pastor share the right of representation by one lay delegate and one pastoral delegate to a district
convention.
The four-congregation partnership constitutes one parish as defined above.
The four questions, then, are as follow:
Question 1:

Is the Commission on Constitutional Matters bound to interpret the text of the Constitution
and Bylaws of the Synod on the basis of the text of the Constitution and Bylaws as currently
delivered to the members of the Synod?

Opinion: The Commission on Constitutional Matters is charged with the interpretation of the Constitution,
Bylaws, and resolutions of the Synod (Bylaw 3.9.2). In interpreting the Constitution and Bylaws the
commission is required to understand the terms used in their original intended meaning and context, and
not on the basis of how the meaning of a term might have changed over time. In addition, when Bylaws or
amendments to the Constitution are adopted by the Synod, while every attempt is made to make changes to
the Constitution or Bylaws clear and precise, there are times when it is later discovered that the present text
of bylaws as adopted does not provide all the necessary context for a particular bylaw’s interpretation and/or
application. In those instances, the commission is required to take into consideration the intention of the
entire resolution by which the text in question was adopted, and the historical context and standing
interpretation of the terms used.
Question 2:

Absent a definition of the term parish in the Constitution and Bylaws of the Synod as
currently delivered to the members of the Synod, is the commission permitted to import or
construct a definition of the term?

Opinion: While Bylaw 1.2.1 lists definitions of many of the terms that are used in the Constitution and
Bylaws of the Synod, that bylaw makes no attempt to define every term used in these documents. Many of
these terms have had a common use and understanding within the Synod throughout its history. In
interpreting the Constitution and Bylaws the commission is required to understand and exposit these terms
based on their historic use in the Constitution and Bylaws of the Synod.
CCM Minutes – August 17–18, 2018 – Page 123