LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 27–31, 2026, Page 8

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a matter that is) an adiaphoron, because, as the remainder of FC X makes clear—in the particular context
of persecution but with a sense applicable generally—adiaphora communicate, even confess, in “works and
actions” what is in the “words” (FC SD X 10). 3 In this instance, the convention has taken the unqualified
advisory stance, with regard to a practice that may be adiaphorous (it has not definitively said that it is),
that the practice is to be avoided.4
While the convention is “not an ecclesiastical government exercising legislative or coercive powers, and
with respect to an individual congregation’s right of self-government it is but an advisory body,” and while,
“accordingly, no resolution of the Synod imposing anything upon the individual congregation is of binding
force if it is not in accordance with the Word of God or if it appears to be inexpedient as far as the condition
of a congregation is concerned” (Const. Art. VII), the advice of the convention in such a matter is an
important part of what the Synod exists to give (see also Const. Art. III 6–7). That is, it is an advisory body
and congregations participate in the Synod to share and receive such advice. Where the convention has
given such advice, the officers and agencies of the Synod are bound, as part of their carrying out the
direction given by the convention, to offer it to the member congregations and individuals of the Synod.
181. Preparation for Floor Committee Weekend
The commission reviewed material in convention business and prepared to fulfill its convention-related
duties. It examined especially those overtures “asking for amendments to the Constitution and Bylaws of
the Synod or which in any manner affect the Constitution and Bylaws, to determine their agreement in
content and language with the Constitution and Bylaws of the Synod” (Bylaw 3.9.2.2.1), but also those
overtures and reports with constitutional or bylaw interactions or implications.
The commission members then fulfilled, with regard to floor committee weekend, the commission’s duty
to be “represented at the meetings of national convention floor committees considering constitution and
bylaw matters to ensure that they are in accord with the Constitution, Bylaws, and resolutions of the Synod”
(Bylaw 3.9.2.2.2).
After the receipt of resolutions from the floor committees, the commission began its review of material
received. It will be passing comment to the various floor committees in advance of the committees’
meetings again, immediately prior to the convention. The commission also plans to be fully represented at
these meetings.

The convention has done so from the beginning: Consider the Synod’s first Constitution, Chap. V 14: “Synod holds
in accordance with the 7th article of the Augsburg Confession that uniformity in ceremonies is not essential; yet on
the other hand Synod deems such a uniformity wholesome and useful, namely for the following reasons: a. because
a total difference in outward ceremonies would cause those who are weak in the unity of doctrine to stumble; b.
because in dropping heretofore preserved usages the Church is to avoid the appearance of frivolity and a desire for
innovations; Furthermore Synod deems it necessary for the purification of the Lutheran Church in America, that the
emptiness and the poverty in the externals of the service be opposed, which, having been introduced here by the
false spirit of the Reformed, is now rampant. All pastors and congregations that wish to be recognized as orthodox
by Synod are prohibited from adopting or retaining any ceremony which might weaken the confession of the truth or
condone or strengthen a heresy, especially if heretics insist upon the continuation or the abolishing of such
ceremonies. Where private confession is in use, it is to be kept according to Article 11 of the Augsburg Confession.
Where it is not in use, the pastor is to strive through teaching and instruction to introduce it. Yet in congregations
where the total abolishing of general confession and absolution is hindered by unsurmountable obstacles, general
confession may be kept along with private confession. The desired uniformity in the ceremonies is to be brought
about especially by the adoption of sound Lutheran agendas (church books).”
4
Contrast the same 1989 convention’s distinct treatment of what may seem to be a similar issue in its Res. 3-14,
detailed helpfully in the Commission on Theology and Church Relation’s October 2025 report, “Unity in Doctrine,
Uniformity and Variety in Practice.”
3

CCM Minutes – May 28–31, 2026 – Page 159