LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 3-4, 1978, Page 1

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7. Meeting Dates (Ag. 1274): The Commission agreed upon the following meeting dates for the
remainder of 1978:
June 9-10 (tentative, if necessary)
September 15-16
December 8-9
8. Irvine (Ag. 1124A): It was agreed to hold this on the agenda.
9. Kansas District Policy Re New Congregations (Ag. 1199): After having given attention to this
document in the course of several meetings, the Commission finally adopted the following position:
The Commission holds that there is an inconsistency, unless properly interpreted, between some points of
the Kansas District policy statement and some specific statements of the governing instruments of the
Synod, such as Articles of Incorporation, Article II, c, e; Constitution Article III, 1, 2, and 8; Bylaw 1.11,
a.
It appears that portions of the policy statement violate some of the rights of member congregations,
including but not limited to the following excerpts:
"Resolved, That to such congregations we will not provide any financial support, such as subsidy,
loans, or grants;
Resolved, That the congregation consider the following alternatives:
3. Join another Lutheran body
4. Exist as an independent Lutheran congregation;
Resolved, That at this time we withhold our recommendation for their acceptance into Synod."
Therefore the Commission recommends that in view of the above conflicts and difficulties in
interpretation, the entire document be reconsidered by the Kansas District Board of Mission
Directors.
10. St. Martin Lutheran Church, Piper,.Kansas(Ag1272): Rev. Edwin E. Berner of Lansing, Kansas, had
asked the Commission to rule whether the Kansas District President had a right to deny a seat in the
upcoming District convention to the lay delegate chosen by "St. Martin Lutheran Church (Piper,
Kansas)," a loyal minority group of a congregation which had decided to leave the Synod. The District
Commission of Adjudication had ruled that the minority is the continuing congregation and therefore
entitled to the property. The Commission on Constitutional Matters held, without going into the merits of
the case involving the two local factions, that since the District Commission of Adjudication had ruled
that the minority had complied with and adhered to the congregation's Constitution and was for that
reason entitled to the property and therefore was presumably to be regarded as the continuing
congregation in membership with the Synod, this group is entitled to have a lay delegate seated at the
convention (the pastoral office is vacant).
11. AELC Congregation and Counselor Nominations (Ag. 1241, 1250): Both Rev. Curtis A. Peterson of
Garland, Texas, and Texas District Secretary Elton Bauerkemper had inquired about the right of AELC
congregations holding dual membership at the moment, to participate in the nominating procedure for
Circuit Counselor. The Commission resolved: