LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 8, 1978, Page 6

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The Commission on Constitutional Matters has been asked whether those who are regarded as
having forfeited their membership in the Synod by joining a second church body (dual membership) still
have the right of appeal set forth in Chapter V of the synodical Bylaws (Handbook, page 121ff.). It is
assumed that the fact of dual membership has been established.
After careful consideration of the question the Commission has concluded that the rights granted in
Chapter V extend to~congregations, pastors, and-teachers who hold membership in the Synod and to
individual lay members of member congregations in certain limited cases and that while the chapter does
supply procedures for appeal on the part of those who have been suspended from membership because the
charges are serious enough to warrant expulsion, it has no provision and needs no provision for those who
of their own free will have chosen to forego their membership in the Synod by joining and remaining
members of a second church body or by resigning from the Synod.
In reviewing the matter the Commission calls attention to the following progression of actions:
a.

e.

Already in August of 1976 the Commission on Constitutional Matters adopted and
promulgated an important "Opinion Re Association of Evangelical Lutheran Churches."
Included in that opinion were the following pertinent paragraphs (italics added):
"1.

That congregations, pastors, and teachers cannot be affiliated with the Association
of Evangelical Lutheran Churches and/or its related bodies without forfeiting their
membership in the Synod.

"2.

That District presidents are obligated to make a serious effort to regain such
congregations, pastors, and teachers for The Lutheran Church-Missouri Synod, and
failing in this to remove their names promptly from various official mailing lists
and rosters as those who have forfeited their membership in the Synod."

b.

The implementation of that opinion was then delayed from August 13, 1976 to September 1,
1977-an entire year-in order to permit the involved congregations, pastors, and teachers to
retrace their steps and to drop their membership in the second church body.

c.

Also during that time there was the opportunity for proper parties to memorialize the Synod
to overrule or to revise that constitutional opinion. Such memorials were in fact addressed to
the 1977 Dallas convention of the Synod.

d.

However, that convention in Resolution 5-01 not only upheld and affirmed that opinion of
the Commission on Constitutional Matters, but also used significant language in speaking of
those who had taken such actions, viz., "that they are regarded to have removed themselves
from the roster of the LCMS" and "that in any event it will be the congregation, pastor, and
teacher, and not the Synod, which will determine whether or not membership in the Synod
will be continued, since the Synod itself is most desirous that all continue in membership
with the LCMS," thereby clearly affirming that the Synod did in fact regard such groups and
individuals as forfeiting their membership in the Synod.

In that same resolution the Synod gave still further opportunity for affected congregations, pastors,
and teachers to retrace their steps by setting up an elaborate procedure permitting further meetings
with such congregations and individuals. It still further extended the grace period. until thirty days
prior to the pertinent District conventions before the original ruling should be implemented, and it
permitted a District president, with the approval of the synodical President, to further extend this