LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 6-7, 1987, Page 6

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whether or not the proper procedure was followed in connection with such excommunication. As
stated previously, it would appear that the excommunication was solely because of the filing of
the civil lawsuit. On whether or not these are valid grounds for excommunication, this
Commission regards this as a theological question and strongly urges the Commission on
Adjudication to seek an advisory opinion from the Commission on Theology and Church
Relations pursuant to 8.51 f.
If it has been determined that filing a lawsuit can constitute a ground for excommunication then it
is proper for the Commission on Adjudication to inquire into the motive underlying the initiation
of the litigation or the existence or non-existence of a meritorious claim. At that time, such matter
would be determined to be relevant to the grounds for excommunication and would be within the
scope of inquiry of the Commission on Adjudication. This would not mean that it is within the
authority of the Commission on Adjudication to resolve or decide the underlying issues in the
civil litigation.
81. Guidelines for Publication of Materials (1820a) : The Commission had received a request from the
President of the Synod for the provision of guidelines to be followed in the production and publication of
materials. It had also received a request from Dr. Norbert Oesch, a member of the Board for Parish
Services containing the following questions:
1. On the basis of the Bylaws of our Synod, regarding the duties of "elected program boards,"
Board for Parish Services 3.223 functions, does the BPS have the responsibility to develop
and produce Sunday School material, adult Bible class material, vacation Bible class material,
Christian day school religious curriculum material, early childhood material, youth Bible
class material and mid-week school material? (Note: a special directive is given to develop
mentally retarded material 3.223 c 1.)
2. Since the BPS is doing so, is it operating outside its jurisdiction?
3. Does the BPS have the right to end responsibility for editing Sunday School materials
produced by Concordia Publishing House, and does it have the right to stop or delay
production of materials being developed and produced by CPH?
The Commission determined to deal with both requests and to provide the following response:
The Commission has been requested to review certain bylaws controlling the relationship
between the Board for Parish Services and Concordia Publishing House, generally centering
around the development, production and publication of religious curricular materials.
Concentrating upon the duties and the relationship between the President of the Synod, the various boards
or commission involved, and the process of doctrinal review, included therein was a request to review
materials subject to doctrinal review, responsibility for the actual production of materials, including a
definition of production, and the procedures surrounding doctrinal review, including both prior and latter
dissent.
The relationship between the group now known as the Board for Parish Services and Concordia
Publishing House has a varied and unique history. It is our feeling that past history, while important, is
neither controlling nor persuading in our interpretation of the present Bylaws. The present Bylaws were
arrived at after lengthy debate and consideration and are controlling of the present situation.