LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 7, 2025, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Internet Conference Meeting (Zoom.us)
April 7, 2025
111. Opening Prayer and Adoption of Agenda
With all commission members present by internet conference, Chairman Peters called the meeting to order.
Following an opening prayer, the commission proceeded with its previously distributed agenda, as follows:
112. Lutheran Church Extension Fund Real Estate Solutions (24-3042)
By an email of Dec. 2, the President and CEO of the Lutheran Church Extension Fund (LCEF) forwarded
a request for opinion on a series of questions:
Background: LCEF is considering being involved in some level of real estate development work in
concert with property owned by one or more LCMS-related entities that would qualify as eligible borrowers
of LCEF under LCMS bylaws and related resolutions. Such development work, as it relates to this question,
would include third-party investors and developers that may be for-profit entities. Per LCEF, LCEF would
not be making significant capital contributions to the project. The LCMS-related entity would retain some
yet-to-be-determined ownership or control over some of the property for ministry purposes postdevelopment. Other portions of the property could be used for other purposes, including housing or
commercial use.
Question 1:

Is such LCEF development work consistent with Synod Bylaws 3.6.4 and 3.6.4.4.1?

Opinion:
The question here boils down to whether development activity that includes some ministryspecific purposes and other, non-ministry purposes falls within LCEF’s charge under Bylaw 3.6.4, which
provides that LCEF “is operated ... to further the objectives and duties of the church extension fund by
providing financial resources and related services for ministry, witness, and outreach” within the Synod
and in limited circumstances beyond the Synod. The answer to this question will depend on the specific
development project being presented; a blanket answer that all are permitted or all are not permitted is not
possible. The answer for a specific project involves looking at two factors – the who and the what.
As to the who, LCEF is permitted to provide financial resources and related services within the Synod, to
and within partner churches that are in altar and pulpit fellowship with the Synod and, upon the
recommendation of the President, to certain Lutheran entities formed and operating outside of the United
States (which are not understood to be at issue here). If the recipient of the financial resources is a
professional church worker, a congregation in the Synod, or an agency of Synod, then the resources would
be “within the Synod” and this factor would be satisfied (as it would be if the entity is, or is within, a partner
church with which the Synod is in altar and pulpit fellowship, subject to Board of Directors approval).
However, if, as the background from LCEF suggests, the recipient of the financial resources is, directly or
indirectly, a subsidiary of, or a joint venture with, persons and/or entities that are not professional church
workers, congregations in the Synod, or agencies of the Synod, then the recipient would not be “within”
the Synod (similarly, with a partner church). In such cases, providing financial resources would be beyond
LCEF’s authority.
As to the what, the development would need to “further the objectives and duties of the church extension
fund” (Bylaw 3.6.4). The “purpose, function, and assigned areas of responsibility” of a synodwide corporate
entity are “as set forth in [the Synod] Bylaws” (Bylaw 3.6.1, see opinion to Question 2, Op. 24-3043,
minutes of Feb. 3, 2025), and the entity operates within such limitations (Bylaw 3.6.1.6). With regard to
LCEF, the bylaws specify that it provides “financial resources and related services for ministry, witness,
and outreach” (Bylaw 3.6.4). It does so by providing “financing and services for the acquisition of sites, for
the construction of facilities, for the purchase of buildings and equipment, for operating expenses, for
professional church worker education, for the residential housing needs of professional church workers, for
CCM Minutes – April 7, 2025 – Page 87