LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 12, 1967, Page 1

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In order to meet any claim that his suspension expired at the end of the seventh day or is nullified by
your failure to file charges within seven days, the Commeissiam suggests that you write to the pastor
informing him that you are reaffirming the suspension as of a specific date. Furthermore., to avoid any
possibility of challenge we suggest that you file charges with the reconstituted Hoard of Appeals within
seven days of notifying the pastor that you have reaffirmed his suspension and that you have submitted
his case to the reconstituted Board of Appeals."
Question 3: What constitutes a proper or legitimate complaint for disqualification of any party to the
proceeding?
"This is not the concern of the District President but the concern of the District Board of Appeals. If
the Board of Appeals wishes to address a question to the Commission on Constitutional Matters, the
Commission will take it under consideration.
The Cam®ission on Constitutional tatters also holds that the District Board of Directors should not
enter into the reconstitution of the Board nor into any question of disqualification."
Question 4: Does the statement of Handbook 5.31 "relieved of his rights as a member of the Synod and of
alb. the duties and responsibilities of his office" mean that he cannot serve as pastor of his congregation?
Question 5: Do I notify them accordingly!
''l. Suspension means that the pastor in question has been suspended as a pastoral member of The
Lutheran Church - Missouri Synod.
2. It is not within the province sand power of a District President to depose a pastor from his office as
pastor of a congregation, since it is the call of the congregation that makes him a pastor of that
congregation.
3. However, the District President should notify the congregation:
a. that its pastor has been suspended as a pastoral member of the Synod and that his rights and
privileges as a member of the Synod have been withdrawn.
b. that the congregation should now give close attention to Article XIIT, 3 of the Synod's
constitution."
554. Goeten Opinion: On May 31 Pastor Reinhold Goetjen of North Hollywood, California had addressed
a lengthy letter to the secretary incorporating numy questions and specifically asking whether a consensus
of the Commission quoted by President Behnken in a letter to Pastor Ooetjen was an official opinion of
the Commission. After close discussion the Commission adopted time following official opinion:
"The Commission on Constitutional Matters holds that Article XIII, 1 of the Constitution and
paragraph 1.05 of the Bylaws of the Synod are binding on every member of the Synod. Refusal to
comply with these provisions as well as active promotion of non-compliance constitute divisive and
unbrotherly conduct which destroys the very concept of the Syynod as 'a walking together.'
Such conduct, if persisted in despite repeated admonition, is a breach not only of synodical fellowship
but of the unity which prevails between Christians and which expresses itself in love.
If all efforts at admonition fail, a member persisting in such conduct shall be subject to suspension and
to eventual expulsion."