LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 1, 1976, Page 1

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After having studied a written memorandum prepared by Synod's legal counsel and after having
considered the matters presented to the Commission at the rehearing by.Dr. J.A.0. Preus, the Synod's legal
counsel, andothers, the Commission on Constitutional Matters came to the conclusion that its opinion of
August 13, 1976 on the AELC is valid and is unable to accept the rationale and conclusions set forth in
the memorandum of the Synod's counsel.
The Commission also held that it had properly arrived at its opinion and that the Commission was
obligated under its given duties and responsibilities to render an opinion and interpretation.
However, it has been persuasively argued that certain LCMS members not affiliated with the
AELC may through no fault of their own be adversely affected by placing in full force and effect the
opinion of August 13, 1976 as of September 30, 1976.
It should be noted that the AELC has incorporated itself in the State of Illinois as a Lutheran
church body. It asserts that it already has congregations and individuals as members, a president, an
executive director, and a board of directors. It has applied for recognition by the Synod's board of
directors as a Lutheran church body so that individuals will not lose certain retirement benefits.
In the absence of such recognition and primarily for the purpose of protecting the interests of those
adversely affected, particularly of innocent persons "caught in the middle," the Commission on
Constitutional Matters concluded that it. had no alternative but to rule that the opinion of August 13, 1976
should be placed in full force and effect as of September 1, 1977 to give ample time for proper actions to
be' taken.
THE COMMISSION ON CONSTITUTIONAL MATTERS
Herbert H. Freise, Chairman.
9/25/76
Minutes of CCM Telephone Conference Call
October 1, 1976 - 4:00-4:30 p.m.
All members were on the line except Don Prevallet who could not be reached.
184. AELC: The Secretary reported that the Board of Directors on the previous day had adopted a lengthy
resolution calling in essence for meetings with representatives of the AELC in order to make possible a
transfer relationship with respect to the Worker Benefit Plans. A second resolution adopted by the Board
endorsed the principles of the CCM opinion on the AELC and also called for the creation of a Task Force
by the President to consider the various implementations and implications of the opinion.
185. Memorandum Prepared by Legal Counsel: In this connection the Secretary asked whether the
Commission might not be inclined to erase from the official notice the reference to the fact that the
Commission could not accept the rationale and conclusions set forth in the memorandum prepared by the
Synod's legal counsel. However, the members of the Commission felt that those words should remain in
the official notice.
186. Irvine: The Secretary reported that the Board of Directors had decided to appeal to the Dallas
convention the Commission's interpretation of the New Orleans resolution regarding Thankoffering funds
for Irvine. He had cast a negative vote but had indicated non-participation in all of the other matters
concerning the CCM. (It should be noted that Dr. Preus afterwards also asked that his negative vote be
recorded in the minutes on the Irvine resolution).