LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 6-13, 1989, Page 7

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of Christian love and charity." The 1969 convention Resolution 2-17 has been rightly applied
to your questions by the CTCR in saying: "While some might argue that assisting the
presiding minister in the distribution of the elements is not necessarily a distinctive function
of the pastoral office, the Commission strongly recommends that, to avoid confusion
regarding the office of the public ministry and to avoid giving offense to the church, such
assistance be limited to men." If a more definitive response is desired, please seek it from the
Commission on Theology and Church Relations.
2. In response to the question, "Has the Synod amended or changed the above resolution during
any conventions since 1969?", the Commission simply replies "No, it has not."
3. In regard to the question does the context of a district convention exempt the scriptural rule
referred to in Denver Resolution 2-17, the Commission replies, "No, it does not."
157. Initiation of Adjudication (Ag. 1863) : Dr. David Scaer of Concordia Theological Seminary, Fort
Wayne, had requested the opinion of the Commission on Constitutional Matters with regard to two
questions:
1. Did Dr. Waldo Werning in fact enter into adjudication with Dr. Scaer in his September 1,
1988, letter to the Board of Regents?
2. Is Dr. Scaer to consider the matter in regard to the Board of Regents closed?
Information had been provided stating that prior to the meeting of a Faculty Committee in regard to
charges brought by Dr. Werning, the faculty in a separate action in relation to these charges had passed a
resolution that the article, which was the basis of the charges, "neither contains nor promotes any false
doctrine."
Further, the Faculty Committee exonerated Dr. Scaer according to an enclosed report. In addition, the
Board of Regents in its November 11, 1988, meeting adopted a resolution stating that "the Board fully
concurs in . . . the report of the Faculty Committee in the Scaer-Werning matter." The resolution closes
with the following resolve:
"Resolved, That the Board of Regents herewith considers the case closed."
After consideration, the Commission decided to respond as follows:
This response is to your inquiry to the Commission on Constitutional Matters on the date of May
23, 1989. Your letter raises two questions as follows:
1. Did Dr. Werning in fact enter into adjudication with me in his September 1, 1988 letter to the
Board of Regents?
2. Am I to consider the matter in regard to the Board of Regents closed?
Attached to your letter were Dr. Werning's 19-page letter of September 1, 1988 addressed to the Board of
Regents, page nine of the Faculty Journal referring to a faculty business meeting of September 26, 1988, a
faculty committee report dated November 4, 1988, and pages one and two of the Board of Regents
minutes of a meeting held November 11-12, 1988.
Your questions will be considered in order.