LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 22–23, 2019, Page 5

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of such agencythe district, subject to its liabilities, shall be transferred, consistent with
applicable state and federal laws, as follows: (1) In the case of a synod-wide corporate
entity, district (emphasis added), university, college or seminary, to The Lutheran
Church—Missouri Synod, as may be more specifically described elsewhere in these
Bylaws; and (2) In the case of a corporation formed by an agency (as defined in these
Bylaws) to the agency that formed the dissolving corporation, or if such forming agency is
not then in existence, to the Lutheran Church--Missouri Synod itself.
The commission requests also a clean and complete copy of the articles as presently in force, so that the
remainder may be checked for consistency, and the addition considered in context. The commission also
needs to file the complete articles in its repository of agency documents (Bylaw 3.9.2.2.3 [c]). The SELC
District is thanked for its efforts to comply with Bylaws 1.5.3.6 and 2016 Res. 9-02A, and for submitting
its documents for review.
200. Rocky Mountain District Articles of Incorporation (19-2902)
The commission finds the proposed addition to satisfy the requirements of Bylaws 1.5.3.6 and 2016 Res.
9-02A. The commission requests also a clean and complete copy of the articles as presently in force, so that
the remainder may be checked for consistency, and the addition considered in context. The commission
also needs to file the complete articles in its repository of agency documents (Bylaw 3.9.2.2.3 [c]). While
understanding that this change is a direct consequence of a clear directive of the LCMS Bylaws, for future
reference, intended changes to the articles of an agency are to be submitted to the commission for approval
in advance of adoption (Bylaw 3.9.2.2.3 [a]).
201. Professor at a Synod Educational Institution as Presidential Voter (19-2903)
During the course of registration for the pre-convention election of the President under Bylaw 3.12.2.3, the
Secretary of the Synod addressed the following question to the commission. He noted that Const. Art. V A,
Const. Art. XII 10 A, and Bylaw 3.12.2.3 all speak of votes (at Synod and district conventions and in the
pre-convention election of the President, respectively) inhering to the congregations and being vested in
their pastors (now without distinction as to assistant status) and lay delegates. Const. Art. V B and Const.
Art. XII 10 B, however, term certain individual members “advisory members [only],” which (depending of
the sense of the “only” and the relative precedence—in case of a given instance where both might apply—
of the constitutional paragraphs regarding voting and advisory membership) could preclude a
congregation’s pastoral vote from being assigned to a pastor who was at the same time a professor at an
educational institution of the Synod. Bylaw 3.12.2.3, despite its now-removed connection to district
convention delegacy, makes no reference to advisory members only, indicating simply that the congregation
chooses “the pastor” of the congregation or the one designated, should the congregation have multiple
pastors, and a lay voter. The Secretary also noted that the precedent is unclear and not obviously directly
applicable.
Question:

An ordained minister, a full-time professor at a college, university, or seminary of the
Synod, also serves part-time as a congregation’s associate or assistant pastor. Supposing
he is duly called and installed to both positions, can the congregation select him as its
pastoral voter in the pre-convention election of the President of the Synod?

Opinion:
The commission engaged in a protracted and detailed discussion of the history of the
relevant constitutional language (Const. Art. V A–B) and its application, weighing whether the language of
Const. Art. V B is in this application applicable as being prohibitive (disallowing a member who is called
by a congregation and might otherwise be selected by the congregation as a voting delegate or voter [Const.
Art. V A] from serving in such capacity if listed in Const. Art. V B) or irrelevant as being permissive
(allowing ministers and candidates who are not the voting pastoral representatives of a member
congregation to be at least advisory members of the Synod).

CCM Minutes – March 22–23, 2019 – Page 153