LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 5, 1992, Page 9

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1.

Is it a constitutional or bylaw requirement of Synod that the pastor seek counsel of the district
president on divorce or is it a guideline?

1.

Is it a constitutional or bylaw requirement that a pastor maintain blamelessness in life, his marriage,
and his ministry.?

1.

Is it a constitutional or bylaw requirement that a pastor observe and follow the strictures of
Matthew 18 in his dealings with others, specifically the district president of the district in which the
pastor's congregation is located, in a circumstance where the pastor believes that the relationship
between he and the district president has broken down and the pastor does not trust the statements,
actions or intent of the district president in dealing with that pastor's marital circumstances and
potential divorce? What would Matthew 18 require of the pastor in such a circumstance?

1.

Taking into consideration the guidelines which the Council of Presidents has adopted to carry out
their supervisory capacities as district presidents including "Guidelines for dealing with marital crisis
involving separation and divorce of The Lutheran Church--Missouri Synod clergy," if a pastor who
has knowledge of these guidelines intentionally violates them in order to prevent his district president
from carrying out his supervisory responsibilities, which would include counseling and the pursuit of
reconciliation between the parties, does the action of the pastor violate the Constitution of the Synod?
See specifically but not limited to Article VII, paragraph 7 and 8, page 14 of the Handbook.

The Commission decided to respond as follows:
1.

Neither the Constitution nor the Bylaws of the Synod contain specific directives requiring a pastor
to seek counsel about divorce from a district president whether or not the counseling relationship has
deteriorated or become counter-productive.

1.

The Constitution and Bylaws of the Synod clearly place responsibility for " . . . supervision over the
doctrine, life, and administration of the office of the pastors . . ." with the district president (Article
XII 7 8; Bylaw 4.73). In an effort to assist each other in dealing with similar situations which involve
supervision of the life of the pastor in a generally uniform manner, the Council of Presidents has
developed a number of guidelines, including Guidelines For Dealing With Marital Crisis Involving
Separation and Divorce of The Lutheran Church-Missouri Synod Clergy. It is in this document that
phrases such as the following occur:
... then the guidance of the District President should be sought and competent Christian
counseling assistance becomes mandatory. Refusal to seek and utilize on a continuing basis this
outside counseling resource in a time of serious marriage deterioration must be construed as an
unwillingness to use every opportunity to allow God's grace to renew the marriage.
... If, despite such efforts at renewal, a marriage is approaching separation or divorce, the pastor
and/or wife certainly should inform the Circuit Counselor and the District President so that they
can relate to this situation and fulfill their respective responsibilities here.
. . . Failure to enter into such pastoral consultation with the District President prior to a
separation or filing for divorce can only be perceived as a disregard of the District President's
responsibility, an unwillingness to take seriously the church's endorsement of the pastor's roster
status, and an insensitivity to the impact of such action on the people of God and on the
community. Such an attitude may finally become cause for ecclesiastical discipline.