LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 7-8, 1967, Page 4

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Commission's request for detailed discussion of the problem. Jersild and Mueller were delegated to
formulate the opinion which is to be circulated for critique among the members with a possible telephone
conference following. The members of the Commission resolved that the opinion should consist
essentially of the four following points:
1. A historical review of Mr. Herman Otten's appeal from the decision of the faculty leads to the
conclusion that the case is closed, as is demonstrated by the actions of the Cleveland and Detroit
conventions. Technically, Mr. Otten is "on the outside," with no rights under the Constitution and
Bylaws of the Synod.
2. Two routes are available to those who apply for certification to the pastoral ministry in the
Synod: the seminary route and the colloquy route. The seminary route, attempted by Mr. Otten in
the past, is not at this time, in view of faculty and convention action, open to him. Nor does he
qualify, strictly speaking, under the bylaw stipulations required of applicants for the colloquy route.
(The Commission holds that Mr. Otten's "ordination" does not automatically make this a colloquy
matter). In short, neither the seminary faculty nor the Committee on Colloquies is under
constitutional obligation to entertain Mr. Otten's present application.
3. Having said this, it must also be said that there is nothing in the Constitution and Bylaws which
would forbid or make it impossible for the seminary faculty to take further steps to determine
whether there has in fact been any change in the basis for the faculty's original refusal to certify,
any change, that is, which would now make it possible for the faculty to certify Mr. Otten.
4. Since the faculty is under no constitutional compulsion to deal further with Mr. Otten and since
the faculty is also under no constitutional prohibition against dealing further with him, it is the
opinion of the Commission on Constitutional Matters that the question raised by the faculty is a
question of judgment, which needs to be decided by the faculty not on constitutional grounds but
on the basis of Christian love, wisdom, and concern for the welfare of the church.
106. Board of Appeals Regulations: The Chairman asked the members to read carefully again Jersild's
critique of these regulations.
107. The closing prayer was offered by Somznermeyer.

Herbert Mueller, Secretary.

MINUTES OF COMMISSION ON CONSTITUTIONAL MATTERS
St. Louis, Missouri, March 7-8, 1968
108. After Dr. Paul Streufert had opened the meeting with prayer, the minutes of the previous meeting
were accepted as submitted.
102. Walther League Doctrinal Review: Pastor Wessler had submitted in behalf of Dr, Harms documents
indicating that the Walther League objects to being involved under the doctrinal review procedures
adopted by the New York convention. After detailed discussion the Commission seemed to be of the
opinion that in general Dr. Harms was correct in including the Walther League as an auxiliary
organization but that the definition of "official publications" needs clarification. When Dr. Harms
appeared later before the Commission he indicated that this whole matter could be held in abeyance for