LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 16-17, 1974, Page 10

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140. Transferred Pastor's Voting Rights (Ag. 605): President Heckmann of the Texas District had asked
whether a pastor who had accepted a call into his District and had been transferred to his District but
would be installed first after the District convention could serve as a pastoral voting delegate of the
congregation which had called him. Inasmuch as the Commission on an earlier occasion had ruled that a
pastor leaving his parish could no longer serve that parish or that circuit as a delegate, the Commission
felt that in the interest of consistency it would need to rule that such a pastor could indeed serve his new
congregation as a voting delegate as long as he had already been transferred to the new District and his
installation had been authorized. Otherwise such a person would be "a man without a country."
141. Constitutionality of N.O. Resolutions 2-12, 3-01, 3-09 (AS. 485, 485A to I, 485X, 485Y, 485YY,
450, 451, 451 A and B, 462, 487B, 495, 495A, 499, 499A, 524, 525, 525A, 529, 536, 545, 547, 570, 573,
574, 586, 589, 590): The Commission now took up again the major opinion on which it had worked at the
special Chicago meeting in the previous month. A reduced version of Prevallet's paragraph was approved.
Two insertions proposed by the Secretary were also adopted. Additional editorial changes were made. On
Friday morning, May 17, 11:21 a.m. the opinion was unanimously adopted. It was decided to place all
five names of the Commission under the opinion and to publish it in the Lutheran Witness. Copies are to
be sent to Dr. Preus, the synodical vicepresidents, and. one copy each to the Board of Directors and to the
CTCR. Furthermore, the Secretary is to screen all correspondence relating to this question and to send a
copy to the appropriate persons who had requested some type of ruling.
142. Challenge to CTCR Guidelines for A Statement (Ag. 525 and 525A): The Commission took up the
charge of Rev. James D. Wilkens of Amherst, Nebraska that A Statement according to the CTCR would
be used as a test of orthodoxy and therefore the question arises of whether a doctrinal formulation which
is not specifically named in Article II may be used as a test of orthodoxy. The Commission noted the
correspondence exchanged between Rev. Wilkens and Dr. Ralph Bohlmann. The Commission decided to
adopt in reply a brief on "Test of Orthodoxy" (attached to the minutes) drafted by Klotz. It also decided to
enclose the opinion just adopted regarding Resolutions 2-12, 3-01, 3-09.
143. Constitutionality of Procedure Used in Resolution 2-12 (Ag 600): The Board for Higher Education
had forwarded a resolution of the River Forest faculty in which the Board for Higher Education concurred
to "address a letter to the CCM questioning the constitutionality of the procedure used (Resolution 2-12,
New Orleans Proceedings, page 115) to make the content of synodically adopted doctrinal statements
binding upon its members." The Commission resolved to send its opinion on Resolutions 2-12, 3-01, and
3-09 to the Board for Higher Education in the confidence that it answers the questions which the Board
for Higher Education has raised.
144. Certification of Candidate who Disagrees with Synodical Resolution (A 502 and 512): Dr. Alfred
von Rohr Sauer had raised two questions:
1.

Is it constitutional to withhold certification from a ministerial candidate because he, while
honestly subscribing to Article II of Synod's Constitution, disagrees with the.doctrinal content
of a synodical resolution?

2.

Is it constitutional for a District President to refuse ordination to a certified ministerial
candidate merely because he disagrees with the doctrinal content of a synodical resolution?

The Commission resolved to reply that it is the Commission's belief that the answers to the questions can
be found in the enclosed opinions on the three New Orleans resolutions (Ag. 485, Minutes 141) and on
the CTCR Guidelines for A Statement (Ag. 525, 525A, Minutes 142).