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

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The primary synodical charge relative to the production and publishing of products for use by members of
the Synod and others is conferred upon Concordia Publishing House in Bylaw 3.611 e. The only
limitation upon the Board of Directors of Concordia Publishing House in determining what is to be
published is direct instruction from the Synod. Concordia Publishing House must, however, consult with
the Board for Parish Services when curricular materials are produced and with other boards when
materials are produced in concert with those other boards. Clearly then, the ultimate and final
responsibility for all synodical materials is vested in Concordia Publishing House unless otherwise
instructed by the Synod. A caveat is that all manuscripts of a religious or theological nature shall be
approved by the Synod's prescribed procedure for doctrinal review before publication.
This is not to say, however, that Concordia Publishing House is granted the exclusive authority to publish
materials. Regardless, Synod's responsibility for every doctrinal statement made in any public material
produced by any of its entities is protected. Chapter XI clearly sets forth the mandatory requirement for
doctrinal review.
Responding to Dr. Oesch's first question, it would appear that the authority ,of the Board for Parish
Services under Bylaw 3.223 would extend, by necessary implication, the authority to develop materials in
the discharge of its educational responsibility. That bylaw does not, however, comprehend the authority to
publish those materials in light of Bylaw 3.611 which invests that authority in Concordia Publishing
House. We have not found in the Bylaws, nor has there been suggested to us, a definition of the term
produce or product as it relates to either development or publication. If that word is one of art, then the
Bylaws are silent with regard to that function.
As to Dr. Oesch's second question, we have not been provided sufficient information as to the Board for
Parish Services' actual activities in this regard to enable us to say whether they are within its jurisdiction
as conferred by the Bylaws. Our remarks in the preceding paragraph provide a guideline in that regard.

As to whether or not the Board for Parish Services is operating outside its jurisdiction, any such question
may be resolved by reference to the above interpretation. If there are specific questions, we will be happy
to respond
In answer to Dr. Oesch's third question, it is clear that while the Board for Parish Services may have the
right to be consulted and therefore work with Concordia Publishing House in the development of its
curricular materials, it does not have the final responsibility either for editing nor does it have the right to
stop or delay production of materials being produced by Concordia Publishing House.
The Commission on Constitutional Matters has previously addressed this question carefully in an opinion
regarding both the doctrinal review process and the publication responsibility of Concordia Publishing
House. The logic contained therein is still valid to date, especially in connection with the concept of fiscal
responsibility. We will specifically note that prior to 1983, there was joint authority which was
specifically revoked by the Synod by the adoption of revised Bylaw 3.611 e.
In response to general questions raised, it is obvious that the Synod intended that any and all material in
any way shape or form that has doctrinal content, that is issued publicly by any of its entities, is subject to
doctrinal review, with certain specific exceptions as noted in Bylaw 11.03. We note that the term
publishing is continuously co-linked with the ancillary phrase, producing, and would hold that the bylaw
contemplates the entire process necessary to deliver a product for mass media consumption.
In an effort to assist the various individuals, the Secretary of the Synod has developed a list of procedural
suggestions which are hereby attached and which may be used as a reference. The Commission on
Constitutional Matters, because it must deal only with specific questions addressed to it and not in the