LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 8–9, 2022, Page 3

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IN Bylaw 10.5.2.2: This procedure is correct for president, vice-president, and ranking of vicepresidents (IN Bylaw 10.2.3, which should specify using this procedure to produce successive
ballots) but the procedure of Bylaw 4.7.3 is to be used for all other offices.

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IN Bylaw 10.7.1.1: “removal” should be added to the list of unfortunate events that could
precipitate a presidential vacancy.

Presuming the above issues relative to the present proposal are addressed, the commission finds the bylaw
proposal as here presented to be in harmony with the Constitution, Bylaws, and resolutions of the Synod
and approves it for presentation to the district convention. The district and its secretary are thanked for this
submission and reminded to file with the Office of the Secretary, for the commission’s records, a clean
copy of the Bylaws as finally adopted by the convention.
122. Additional Requirements for Convention Attendance (22-2978)
By an email of January 13, an individual member of the Synod, an ordained minister, requested an opinion
on the following question, with regard to which, pursuant to Bylaw 3.9.2.2 (b), input was solicited from the
President, Board of Directors, and Chief Administrative Officer of the Synod as well as from the presidents
and boards of directors of the districts of the Synod. The commission replies as follows:
Question:

Is it consistent with the Constitution and Bylaws of the Synod for a district to select a
convention venue that forbids admission of delegates unless they satisfy certain additional
requirements (e.g., presenting proof of coronavirus vaccination status, negative test results,
or wearing a mask)?

Opinion:
Const. Art. XII 10 establishes that at the meetings of districts of the Synod, “every member
congregation or multi-congregation parish is entitled to two votes, one of which is to be cast by its pastor
and the other by the lay delegate elected and deputed by the congregation or parish.” This belongs to the
realm of right and not merely of privilege.
Bylaws specify in very broad terms how a district is to prepare accommodations for a convention of its
congregations. Bylaw 4.2.1 (a) indicates that the conventions of the districts are governed by the Bylaws of
the Synod for its conventions insofar as these are applicable. Among these, Bylaw 3.1.9 (j) describes the
ways by which a date and site of a Synod convention can be determined. Details are few; where a district
suggests a site for the Synod convention, care is taken to determine “minimum requirements” from the
convention manager so that the number of delegates and facilities required can be accommodated (1969
Res. 11-09). It may be inferred that for a district convention the arrangements must reasonably
accommodate the delegates, voting and advisory, entitled to attend (Const. Art. XII 10). What must be
accommodated is a meeting of all delegates as “a single official gathering in one room or area” (RONR [11th
ed.], p. 97, ll. 11–14.), the “constitutional convocation” and presence of a quorum (Const. Art. XII 14) in a
“churchly deliberative assembly,” a “context allowing full and free debate, fellowship, and personal
interaction” (CCM Op. 20-2938).
Within these broad bounds, Const. Art. XII 12 specifies that “the districts are independent in the
administration of affairs which concern their district only, it being understood, however, that such
administration shall always serve the interests of the Synod.” Any choice of venue brings with it inherent
burdens for delegates, some predictable and some not, which may even be suffered unevenly. In making of
a number of unavoidable choices about convention venue, the district balances the interests of all its
congregations and, in a manner serving their collective interest, as the Constitution requires, facilitates their
convention.
Although in a different context, the issue of whether a burden placed on voting members with respect to
convention participation is appropriate has been tested by this commission. In Op. 12-2649, following
previous opinions, the commission found that “delegate attendance at a district convention cannot be
contingent upon payment of a registration fee.” With regard to that specific question, the commission found

CCM Minutes – April 8–9, 2022 – Page 90