LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 25-26, 1980, Page 4

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open to women, should perhaps incorporate that information in a bylaw rather than in a constitutional
article, so that it can be more easily amended as time goes on. The Commission ratified this reply and
decided so to inform Mr. Klockenga, expressing the assumption that he apparently had been satisfied with
the reply given.
93. Unchangeable Articles (Ag. 1439): Mr. Ed Scott of the Board of Directors had expressed dismay over
the position of the Synod through the years toward unchangeable articles in congregational constitutions.
The Secretary had stated that the reaction would be placed in the file of recommendations for a possible
reissuance of a model constitution. The Commission ratified this reply and filed the correspondence for
future reference.
94. Removing a CRM from the Roster (Ag. 1440): President Martin Dienst of the New England District
had inquired whether a District President had the right to do so. The Secretary had replied essentially in
the affirmative. The Commission approved this reply.
95. Congregation with Dual Membership and Uncertified Pastors (Ag. 1444): Pastor John Murphy of
Pittsburgh, Pennsylvania had asked for a ruling regarding the proposal of the English District Board of
Directors to permit uncertified pastors and congregations holding dual membership to continue voting at
one more District convention (1980). The Secretary had replied in the customary vein stating that the
CCM had repeatedly ruled that pastors who were not synodically certified cannot serve as voting or even
advisory delegates and that congregations cannot hold dual membership although there has been a
tendency to give congregations time to arrive at the decision. The Commission ratified this reply.
96. Teachers as Lay Delegates (Ag. 1449): President George Bornemann of the English District had
written stating that he was assuming that it had been proper for him to permit a person on the teacher
roster of the Synod to serve as a lay delegate at the District convention. The Secretary had replied that the
CCM had ruled repeatedly that persons on the clergy or teacher roster cannot serve as a lay delegate. The
Commission ratified this reply.
97. Removal from Membership Problem (Ag. 1450, A): The Commission had before it a confusing
request from Pastor Monroe Husfeld of Harlingen, Texas and from Dr. H. G. Carstensen, chairman of the
Board of Elders of that congregation. It had to do with removal from membership. The Commission
finally decided to inform Pastor Husfeld that it had spent much time trying to decipher the constitutional
issue and finally had come to the following conclusion:
Since this seems to be a matter of disagreement or dispute between parties involved under Bylaw 5.01,
the Commission on Constitutional Matters is of the opinion that the matter properly belongs in the
adjudication process prescribed in Chapter V of the Bylaws. If in the course of that process specific
constitutional questions are raised they may be directed to the Commission on Constitutional Matters
according to Bylaws 5. 31 e, f .
98. Election of Teacher Delegates at Teacher Conferences (Ag. 1451): Executive Director Ben Eggers of
the Florida-Georgia District had asked whether it would be permissible for teacher delegates to the
synodical convention to be elected at the teacher's conferences (rather than the District convention) and
then ratified by vote of all voting delegates at the District convention. The Secretary was instructed to
inform him, in line with an opinion dated June 10, 1975 in a similar situation, that teachers conferences
could indeed nominate teachers as convention delegates as long as the slate can be amended when the
teachers meet at the convention itself and as long as the actual election takes place at the District
convention as stipulated in the Bylaws. Furthermore, it was to be pointed out that voting delegates at a
convention neither elect teacher delegates nor ratify such action, since such action belongs entirely within
the purview of the teachers themselves.