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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 27, 1993, Page 3

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the use of the adjudication process in the resolution of internal congregational disputes. This had previously
been included in congregational constitutions without any specific reference or authorization to that process
having been included in the 1989 and prior Handbook procedures. Discussion through correspondence is
continuing between the offices of the district Secretary and synodical Secretary. This matter is to be
retained on the agenda for further consideration, if necessary.
25. Reinstatement-First Application (Ag. 1949) : The President of the Southern Illinois District had stated
that a pastor who had recently been removed from the roster of the Synod through the adjudication and
appeals process was asking a question with regard to application for reinstatement. He pointed out that
Bylaw 2.33 of the Handbook speaks only about the time which must elapse before a second appeal for
reinstatement. He noted that it would seem that such a time frame might also be appropriate between the
time when a person is removed from office and when he/she can first apply for reinstatement. In order to
clarify this. he asked the Commission on Constitutional Matters to provide an opinion as to whether or not a
person should wait a reasonable period of time before applying for reinstatement after removal from office
and, if so, what that time frame might be.
In response, the Commission decided to respond as follows:
Since the Bylaws of the Synod with regard to reinstatement do not specify the amount of time which must
elapse before a member who has been removed can first apply for reinstatement, the Commission
concludes that the first application for reinstatement may be made at any time following removal.
While recognizing the above, the Commission also concludes that the applicant should be clearly
informed that if an early application for reinstatement is made and is denied, a total of three years must
elapse from the time of the denial to that point in time where the applicant may apply once again for
reinstatement.
26. Congregational Constitution-Reference to LCMS Membership (Ag. 1950 : The Committee on
Constitutional Matters of the Texas District and Grace Lutheran Church had forwarded the following
questions for consideration by the Commission on Constitutional Matters:
1.

1.
1.

May a congregation presently holding membership in The Lutheran Church-Missouri Synod delete
from its constitution all references to the Missouri Synod per se and replace them with a term such as
"an orthodox evangelical Lutheran Synod" and still remain a member in good standing of The
Lutheran Church-Missouri Synod?
If the answer to no. 1 is "no," what is the rationale?
If the answer to no. 1 is "no," would the Commission furnish Grace Lutheran Church with
constitutional language which would protect our freedom to withdraw from the Synod without
involving either the secular or church courts in a question of whether or not the Synod is still faithful
to the Holy Scriptures and the Lutheran Confessions?

In personal correspondence with the Chairman of the Texas District Constitution Committee, the Secretary
had indicated the following:
1.

There is no problem in removing the phrase (The Lutheran Church-Missouri Synod) from the
article which deals with the name of the congregation. In fact, it is unusual to include it.

1.

1 do not believe the change in Article IV is acceptable unless reference is made elsewhere to
affiliation with The Lutheran Church-Missouri Synod. It is in this Synod that the congregation is