LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 8–11, 2023, Page 4

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Opinion:
The processes described in the Bylaws and Standard Operating Procedures Manuals apply
to all members of the Synod.
Question 8:

May a district president prevent an individual member of Synod from serving as an advisor
to another individual member of Synod in the procedures of a congregation when potential
removal of the called worker from office is at stake? If yes, how does this ensure due
process, fairness, and impartiality?

Opinion:

See answer to question 6.

183. Scope of Bylaw 1.9.1.1 (b) concerning Concordia Publishing House (23-3010)
At the request of the Board of Directors of Concordia Publishing House (CPH), clarification was sought on
the relationship between Bylaw 1.9.1.1 (b) and Bylaw 3.6.3 (d).
Question 1:

Is CPH considered a “board[], commission[], or other subordinate group[] of the Synod”
pursuant to Bylaw 1.9.1.1 (b) which may produce study documents and exploratory
material, which if properly marked, may be published without first being submitted to the
doctrinal review process?

Opinion:
Bylaw 1.9.1.1 (b) provides an exception to the normal doctrinal review process for “study
documents and exploratory material” produced by “boards, commissions, or other subordinate groups of
the Synod.” The commission understands this question to be a question of the scope of this Bylaw generally,
and also specifically to CPH. In order to answer this question, there are two items which need to be
addressed. First, whether CPH is a “board[], commission[], or other subordinate group[] of the Synod,”
and, second, what is the scope of “study documents and exploratory material.”
With respect to the first inquiry, CPH is included within the definition of an “agency” and specifically
within that of a “synodwide corporate entity” under Bylaws 1.2.1 (a) and (w), either of which would fall
under the definition of a “subordinate group” of the Synod. The board of directors of CPH is, moreover,
also a board of the Synod (Bylaw 3.2.2), and the board determines, “unless otherwise instructed by the
Synod,” “what is to be published by the corporation” (Bylaw 3.6.3 [c]). CPH does, therefore, fall within
this broad category, most naturally by its board being one “of the Synod.”
With respect to the second inquiry, the category of “study documents and exploratory material” (Bylaw
1.9.1.1 [b]) is not without limitation. Since this term is not defined within the Bylaws, we must look to the
natural meaning of the term and the context in which it is used. The most natural import of this term is that
it is intended for a limited purpose. Indeed, the notice that is required under Bylaw 1.9.1.1 (b) for such
materials includes that the material “is being released for study and discussion purposes.”
Could any board, commission, or other subordinate group produce material for study on any topic? Could,
for instance, the Commission on Constitutional Matters produce study materials on exegetical or doctrinal
topics? By no means. There must be a nexus between the Synod’s charge of the board, commission, or
other subordinate group and the study materials it is producing. In the previous example, the Commission
on Constitutional Matters is not charged under the Constitution and Bylaws with matters of exegesis or
doctrine; therefore, it would not be appropriate for the commission to be producing such study materials
outside of its purview. Any such materials would not aid the commission in the carrying out of its duties;
instead, the production and publication of such would be more of a usurpation of responsibilities assigned
to others under the Constitution and Bylaws. The commission finds that the scope of “study documents and
exploratory material” conceived of as being produced, possibly without doctrinal review, by a given
“board[], commission[], or other subordinate group[] of the Synod,” is limited by the specific charge given
to the particular entity in the Constitution and Bylaws of the Synod. Materials that would not be in keeping
with the charge of a particular “board[], commission[], or other subordinate group[] of the Synod,” are not
hereby authorized to be produced and published by that group. (Of course, where CPH is not itself
generating a work but “supply[ing] publishing and distribution services for the agencies of the Synod as
CCM Minutes – June 8–12, 2023 – Page 149