LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 9, 1978, Page 2

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supervised by an ordained pastor." He pointed out that Nebraska. law provides for "every preacher of the
Gospel authorized by the usages of the church to which he belongs to solemnize marriages." He also
indicated that the general consensus of judges in Nebraska is that they would recognize such marriages if
that is the practice of the Synod. Legal counsel Phil Draheim had already written to President Niedner,
indicating that it might be better to be safe than sorry in an uncertain matter. President Niedner had
therefore asked for a ruling from the Commission. After considerable discussion the Commission
resolved upon the following:
Since one of the purposes of the Synod is: "The endeavor to bring about the largest possible
uniformity in church practice, church customs, and, in general, in congregational affairs"
(Constitution, Article fiII, 5); and since state laws differ widely as to who is eligible to perform
marriages; and since in our circles the performance of a wedding ceremony under the auspices of
the church has traditionally been regarded as an act to be performed by an ordained clergyman;
therefore the Commission on Constitutional Matters is of the opinion that weddings performed
under the auspices of the church should continue to be performed by ordained clergymen and not
by licensed lay ministers of the Synod.
73. Florida-Georgia Delegate Question (Ago 1302): Mr. William C. Christian, a lay delegate to the
Florida-Georgia District convention, had asked whether an uncertified Seminex pastor could sign the
credentials for the lay delegate from his congregation. The Secretary had replied that even though
uncertified pastors would not be recognized, nevertheless it would be a simple matter to obtain a third lay
officer signature in place of the pastor. The Secretary had also explained in answer to a question from the
same individual the mechanics involved in becoming a member of the Synod. The Commission ratified
this reply.
74. Kansas Problems (Ag. 1199C, 1272D): The Commission took note of this additional correspondence
concerning problems in that District and decided to remove the item from the agenda.
75. Lutheran Federation, Cincinnati (Ag. 1205, A): It also took note of the fact that the Federation of
Lutheran Churches had now addressed a request to the CTCR for a ruling as to eligibility for membership
in the Federation, with a carbon copy to the CCM. It was agreed to hold this item on the agenda and await
reports or developments.
76. Task Force Report (Ag. 1266, A): It was also agreed to hold this item as an open item on the agenda.
77. Taddey Questions (Ag. 1278): Rev. Martin R. Taddey of Palo Alto, California, had raised several
questions regarding any additional rulings concerning Seminex graduates, the status of CCM rulings, the
disposition of a Seminex graduate problem at the Southern Illinois District convention, and the San
Francisco Night Ministry. The Secretary had stated that no additional rulings had been issued concerning
Seminex graduates, that a constitutional opinion stands unless reversed by the Synod in convention, that
the one surviving Seminex graduate in Southern Illinois had been properly certified. He had also stated
that since the Commission had been informed that the Congregationalist minister was no longer
conducting the Night Ministry, but that it was supervised by an LCA clergyman with three or four LCMS
pastors participating, the Commission had suggested that the financial support should be directed toward
the activities of the LCMS pastors. The Commission had assumed that this was agreeable with the District
Board of Directors and that is what had led to the adoption of Resolution 5-38 in Dallas. The Commission
ratified this reply.
78. Caldwell, Idaho Constitution (Ag. 1280): In answer to Mr. E. C. Schmidt the Secretary had stated that
he should really consult with the District Commission on Congregational Constitutions and had also