LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 10-11, 1992, Page 6

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This is not to say that such schools or associations could not seek guidance from a Constitution
Committee. At the same time, it does not appear that such review and approval is required.
While the Commission on Constitutional Matters ratified the response which had been provided, attention
was called to the fact that Bylaw 14.03,b refers to elementary and secondary schools that have an identity
distinct from that of a single member congregation of the Synod and now recognized by the Board for
Parish Services could be considered as Recognized Service Organizations of the Synod. In that case, they
would have to meet requirements established by the Board for Parish Services for such Recognized
Service Organization status.
75. Unalterable Articles (Ag. 1921) : A question had been raised regarding the binding effect of
unalterable articles in constitutions of congregations. This question had been dealt with on a number of
occasions previously and the Secretary now provided a response which was shared both with the person
requesting an opinion and the members of the Commission on Constitutional Matters. The response
which was forwarded stated the following:
The question regarding "unalterable articles" in constitutions of congregations or other voluntary,
non- profit organizations has been considered by the Commission on Constitutional Matters on a
number of occasions. As a result of its research, the Commission has concluded that there are no
truly unalterable articles.
Because the above is the case, the Commission has recommended that the organization identify
those articles which are of a vital nature. It then encourages that a large majority, at least twothirds and more likely 75 percent, be required to amend those specific elements. It has not
concluded that the congregation or organization must disband and be reconstituted before socalled unalterable articles may be amended.
The Commission has not carried out a state-by-state investigation and therefore cannot
unequivocally state that its conclusions are appropriate in every instance. The best approach
therefore would be to seek a legal opinion in the state in which a congregation or organization is
incorporated.
The Commission now ratified the response which had been provided previously.
76. Texas District Resolution on Public Preaching by Women (Ag. 1919) : The President of the Texas
District had forwarded a copy of a resolution approved at the 52nd regular convention of the Texas
District which stated the following:
Resolution 5-7-91
TO REAFFIRM THAT I CORINTHIANS 14:34-35 AND I TIMOTHY 2:11-12 PROHIBIT PUBLIC
PREACHING BY WOMEN
WHEREAS, The Lord of the Church has given the following directives to His Church through the
Holy Apostle Paul:
As in all the congregations of the saints, women should remain silent in the churches.
They are not allowed to speak, but must be in submission, as the Law says. If they want
to inquire about something, they should ask their own husbands at home; for it is
disgraceful for a woman to speak in the church" I Corinthians 14:34-35.