LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 26, 1980, Page 1

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above, access to Commissions of Adjudication is limited in Bylaw 5.01 to members of the Synod as
defined in Article V of the Synod's Constitution
2. Charges that deal with "future acts" of the pastor or of a congregation cannot be entertained since
only God knows what the future holds.
3. A parishioner may indeed seek expulsion of the pastor from the Synod by the District President (not
by the Commission of Adjudication) on the charge that an ecumenical wedding has taken place in the
congregation. It is obvious, however, that a determination must be made 1) whether the act was
actually performed and 2) if so, whether it is an act which could result in expulsion from the Synod
(Bylaw 5.11).
4. The same applies with respect to a charge that a baptism was performed in a formal worship service
by a pastor of a church body with whom the Synod is not in fellowship.
If a Commission of Adjudication does not have jurisdiction in a case and a layperson has received an
unfavorable decision from the Counselor and District President, it would seem that the matter ends there
as far as the individual lay member is concerned. However, those eligible to do so may lodge with the
First Vice-president of the District (Bylaw 5.13) a charge of malfeasance (which is a new charge) against
the District President and/or Counselor. They may then also, if denied, approach as appropriate a District
convention, a synodical convention, or the synodical President (see "Opinion Re Removal of District
Presidents from Office," Anaheim Convention Workbook, pages 486-487)
COMMISSION ON CONSTITUTIONAL MATTERS Herbert Mueller, Secretary
July 26, 1980

Opinion Re Speaking Rights of Uncertified Pastors
The question has been raised whether it is permissible for a District convention to grant speaking rights to
pastors who are not on the clergy ter of the Synod.
The Commission on Constitutional Matters has ruled repeatedly, and the Synod in Convention has
subsequently affirmed and approved, that such indiviiduals can serve neither as voting nor as advisory
delegates to synodical or District conventions. It is therefore obvious that they cannot be granted
unrestricted speaking rights or privileges,
The principal right of advisory delegates is to speak (Bylaws 1.63, 3.11) To grant the same right or
privilege to those who are not members of the Synod or otherwise ineligible would destroy the
constitutional concept of membership and of representation within our Synod. (See Constitution Article
XII, 10, A, B).
That certain individuals (such as other church body presidents) are given a specific opportunity to address
a convention as a guest in a specified time slot is an altogether different matter. The Synod does not grant
unrestricted speaking privileges to those who do not meet the requirements set forth in the Constitution
and Bylaws and any action of that nature taken by a District vention is improper and void,
THE COMMISSION ON CONSTITUTIONAL MATTERS Herbert Mueller, Secretary
July 25, 1980