LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 27, 1987, Page 4

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period of time) that a question or an opinion once rendered by this Commission is
binding on the question decided unless and until it is overruled by the synodical
convention. We are not a fact-finding body. We know nothing of the particular
circumstances of this case other than as recited in your letter. If what you have said is
true, there would appear to be a direct violation of our previous opinion and the
district is not conforming to the Bylaws of the Synod, specifically to Bylaw 1.05 f
which defines clearly the relationships between congregation, Synod, district, and
circuit.
While Bylaw 1.05 f speaks to the action of the District Board of Directors, it also
has bearing on the resolution which you passed and are apparently seeking to
have others adopt whereby you would arbitrarily withhold contributions from the
district and the Synod. To proceed in such a manner is contrary to the spirit and
concept of working together as the word Synod implies. It fails to recognize that
there are procedures other than financial coercion to enforce the workings of our
Synod. You apparently have not taken all of the steps available to you through
the process for reconciliation, adjudication, and appeal. We would urge you, in
Christian love and concern, to reevaluate the direction which you have chosen.
47. Constitution of Dual Parish (Ag. 1809) : A question had been asked as to whether a congregation
which is part of a dual parish should include in its Bylaws provisions which might deal with the
possibility of one congregation of the dual parish dismissing its pastor while the other wished to retain
him as their pastor. The Secretary had provided a response to the question indicating that it would not be
necessary to include special considerations in the constitution of a congregation concerning the rights of
another congregation with which it is involved as a dual parish. Each congregation is an autonomous unit
and should, in its constitution and bylaws, include provisions which relate only to it. If two congregations
were to operate under a single constitution and bylaws, this, in effect, would make them a single
congregation and they would no longer be individual autonomous units. It would seem that if such a
procedure were followed, the two congregations would really have merged. In theory, in a dual parish, the
decision of one congregation would not affect that of another in a matter such as the dismissal of the
pastor since each congregation would also have called its own pastor, although that pastor might be the
same person serving two congregations. The practical matter of dealing with the dismissal of a pastor by
one congregation while being retained by the other congregation would have to be dealt with on an ad hoc
basis.
The Commission ratified the response of the Secretary.
48. Authority of the Commission on Constitutional Matters (Ag. 1810) : Following the published
reports of the actions of the Commission on Constitutional Matters at its last meeting regarding the matter
of women service as officers of congregations, a pastor had written indicating that the Commission should
not provide an edict but rather an advisory policy. He raised the question, "What prevents a congregation
from simply electing a woman to serve as president or elder provided that congregation's constitution
permits it? What recourse does the Synod have? It was his view that congregations could not be required
to make their constitutions conformed to Synod policy in the matter of women service and that the rulings
of the CCM are advisory and not legislative and should be reported in that manner.
The Secretary had provided a response indicating that the Commission on Constitutional Matters is
responsible for interpreting the Constitution, Bylaws, and resolutions of the Synod and that its
interpretations are binding unless a subsequent convention of the Synod overturns them. Consequently,
the Commission is more than an advisory body. Verification of the fact that the position of the Synod is
that which was stated by the Commission on Constitutional Matters was provided by Inclusion in the