LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 28–29, 2023, Page 5

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This change demonstrates that the terms call and be served by are not to be regarded as synonyms. In
today’s practice many others are serving congregations by leading worship without a call. Emeritus pastors
regularly serve as vacancy pastors, at times for congregations not in the process of calling, or regularly
simply serve in vacant congregations every Sunday, often for periods of a year or more, which might include
offering the sacraments and conducting weddings and funerals. Ordained ministers on candidate status also
are eligible to serve in the same way. Students from the seminaries of the Synod lead worship in
congregations that have no pastor. Vicars on occasion are the only one serving congregations with their
supervising pastor called by and serving a neighboring congregation. While these other instances of serving
reflect a wide variety, what is consistent is that those serving are either ordained members of the Synod, or
students authorized by a seminary of the Synod and under the supervision of an ordained member of the
Synod.
Question 1:

Is a congregation in violation of Constitution Article VI 3 and Bylaw 2.5.2 if it has as its
worship leader a pastor, not called by the congregation, who is Lutheran and has promised
to teach completely in line with LCMS teaching but is on neither the roster of the Synod
nor that of a church body in altar and pulpit fellowship with the Synod?

Opinion:
In its response, the commission understands the term worship leader as used in this
question to mean the individual performing the role of the pastor in the public worship of the congregation,
proclaiming the Word and/or administering the Sacraments.
A pastor who is not a member of the Synod or of a church body with which the Synod is in altar and pulpit
fellowship is ineligible either to be called by a congregation or to serve a congregation by leading worship.
For a congregation to so call or be served would be a violation of the conditions of membership under
Const. Art. VI 3. Bylaw 2.5.2 requires congregations to “call and be served only by” individuals listed in
the three following categories (i.e., ordained ministers on the roster of the Synod; candidates certified for
initial placement, for example, by successful completion of colloquy; and ordained ministers in good
standing on the roster of church bodies in altar and pulpit fellowship with the Synod), the word “only”
highlighting the exclusive nature of this requirement. A congregation may not call an excluded individual.
The words “and be served by” indicate that a congregation also may not be served by an excluded individual
in a pastoral capacity (such as by his leading worship), even if it does not call him (Cf. Op. 20-2957). By
calling or being served by an excluded individual, the congregation puts its membership in the Synod in
jeopardy (Bylaw 2.5.4; Const. Art. VI 3; XIII 1).
Question 2:

Does a district president have the authority to authorize a pastor who is a member of a
church body with which the LCMS is not in altar and pulpit fellowship to proclaim the
Word and administer the Sacraments on a regular basis to a congregation of the Synod?

Opinion:
No. A district president does not have the authority to ignore the Constitution and Bylaws
of the Synod but rather needs to admonish a congregation that insists on calling or being served by a pastor
who is a member of a church body not in pulpit and altar fellowship with the Synod that by doing so the
congregation puts its membership in the Synod in jeopardy (Bylaw 2.5.4; Const. Art. VI 3; XIII 1).
176. Oklahoma District Bylaws (23-3007)
By an email of February 21, the Oklahoma District Secretary forwarded the district’s Handbook, including
changes resulting from the district convention, for review. As to content, the commission finds them to be
in harmony with the Constitution and Bylaws of the Synod. The commission requests clarification as to
whether the indicated changes were effected by the past district convention, and therefore become operative
upon the commission’s approval, or are to be presented to a coming district convention for adoption, in
which case the commission approves them for such presentation. The commission thanks the district for
this review and requests a clean copy of the bylaws as adopted when that has taken place.

CCM Minutes – April 28–29, 2023 – Page 144