LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 8−9, 1974, Page 2

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7. Correction in Bylaw 4.37 (Ag. 507): The Commission took grateful note of the fact that Rev. Herzog of
Pine Bluff, Arkansas called attention to the fact that since the headings of certain bylaws adopted by the
convention needed to be renumbered for inclusion in the Handbook, an interior reference had failed to be
changed from 4.43 to 4.33. The correction will be made in the next edition of the Handbook.
8. Unchangeable Articles (Ag. 508, 508A): Correspondence of the Texas District Constitutional
Committee to H.A. Schneider had been shared with the Secretary for a reaction. He had forwarded a copy
of the statement drafted several years ago by Herbert Kuenne in which it is stated that unchangeable
articles are designed to show which articles congregations hold most dear but that in reality every article
can be changed under the law.
9. "Missing" Bylaw 2.109e, 1969 Handbook (Ag 509): The ELIM organization had published in its paper
an article to the effect that a certain bylaw (2.109e) of the 1969 Handbook had disappeared from the 1971
edition. Elmer Luessenhop had replied calling attention to the fact that this paragraph had been eliminated
by the Milwaukee convention itself thru Resolution 2-29. The Commission resolved to have the following
announcement appear in the Reporter over Luessenhop's signature as chairman of the Commission:
It has been widely reported that a certain bylaw (1969 Handbook 2.109e) mysteriously
"disappeared" from the 1971 edition of the Handbook. This bylaw had read: "e. Internal Policy.
While admitting the right of free expression and of public appeal as an inherent right of its
members, the Synod urges and requests its members to refrain from circularizing the Synod or
areas thereof until this commission [CTCR] shall have been consulted and a reasonable time shall
have been accorded to adjust the matter concerned." (Brackets ours).
The truth of the matter is that this bylaw was removed from the Handbook by the vote of
the delegates to the 1971 convention in Milwaukee (Resolution 2-29).
10. Teacher as Lay Delegate (Ag. 513): The Commission ratified the answer of the Secretary to Secretary
W. Mueller of the Southern Illinois District who had asked whether a public school teacher who is still on
the teacher roster of the Synod may serve as a lay delegate. The Secretary had stated that until the District
President removes the name from the teacher roster the individual concerned is a teacher and cannot serve
as a lay delegate.
11. Women's Voting Rights (Ag. 518): Rev. Clarence Boye of San Jose, California had asked whether
there were any restrictions on the matters on which women might vote when suffrage is extended to
them. The Secretary had replied on the basis of an earlier ruling of the Commission that there were no
restrictions on the voting rights but only on the types of offices which women could hold. The
Commission ratified this reply.
12. District Bylaws (Ag. 6, 9, 11 12, 236, 344, 365, 383, 430, 519): No action was taken on the many
District bylaws which still need attention of the Commission.

13. Further Request Re ELIM (Ag. 484C): President Ellis Nieting, who had asked for a ruling on ELIM
and had received a ruling in the previous meeting, replied thathe wished to have further answers to questions 2 and 3 of hi
It was moved and seconded to inform him that the Commission had concluded not to issue at the
present time any additional opinion on the subject of dissent. After some discussion this motion was
tabled.
14. Realignment of Circuits (Ag. 500): President Karl Barth of the South Wisconsin District had asked
who was empowered to realign circuits and had also inquired what should be done if in the process of
realignment at a District convention new counselor positions were created. The Secretary had replied to