LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 24-25, 1976, Page 2

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has its clear areas of responsibility. Draheim stated that officers of the Synod have a right to ask for civil
law opinions and if these opinions are rejected they need to weigh their risks.
When Earl Haake was called in he was asked whether the Plans could not be amended to allow all
employers to continue in the Plans at least until September 1, 1977 even though their membership in the
Synod would be terminated. It was claimed that this could not be done, that the government would look
upon the Plans then as another insurance agency. The Concordia Plans are restricted to member congregations. (However, also other agencies are recognized for Plan purposes).
Many other comments were made back and forth during the course of the lengthy and at times heated
discussion. Some of these points, though not all, are listed below.
It was claimed that all holders of Church Extension Fund notes must be paid off as soon as they
cease to be members of The Lutheran Church-Missouri Synod. The CCM objected to this, pointing
out that many notes are held in joint ownership and that either husband or wife may not be a
member of the Synod even at the time the note is issued. Freise stated that he had provided a
similar plan for the Seventh Day Adventists and found no such requirements, not even in Oregon
which has perhaps the most stringent of security laws. It was agreed that the initial sale could be
made only to members of the denomination but it was disputed whether notes would need to be
called if one who had been a member then decided to leave the church.
A great deal was made about the SEC difficulties in states where the Church Extension Fund
wishes to qualify and is almost compelled to qualify as a seller of securities.
The CCM held that membership is a basic constitutional issue, that past practice and theology have
much to do with this, that it is not necessary for everything to be stated expressis verbis in the
Constitution or Bylaws. It held that the act involved in the formation of AELC violates Article II
and Article III, 1 of the Constitution.
It was pointed out that the official notices in The Lutheran Witness through the years have often
contained notices by District presidents to the effect that certain individuals have accepted a call to
a church not in fellowship with the Missouri Synod and have thereby forfeited their membership in
the Synod. This is true also of at least one congregation in the past. (John Klotz had provided for
research on this matter and had produced many examples from the pages of The Lutheran Witness.
See for instance Agenda item 1089).
Legal counsel advised the CCM to revert back to the simple statement that it is improper to belong to two
church bodies and to define what the word "affiliate" means. The question was explored as to whether the
full implementation of the opinion could not be postponed to September 1, 1977. This would create
difficulties in respect to voting rights at the next convention and for the election of delegates. But this
procedure would permit the convention itself to speak to this issue. It was stated again that a grace period
for congregations which have dropped their membership as a device to protect the pension interests of
those caught in the middle until at least the convention has spoken would not be regarded favorably by the
IRS. And it seemed very clear that the Board of Directors would not recognize the AELC as a church
body by September 30, although it is meeting on that date.
At 2:15 p.m. the Commission moved from the MAC to the board room at "500" and went into executive
session. Most of the afternoon was devoted first to a discussion of the matters presented at the rehearing
and then above all to coming to conclusions and drafting a document. It was decided that this should take
the form of an official notice rather than of a new ruling; this would permit the Commission more leeway
in making certain comments which it felt it needed to make under the circumstances.