LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 16, 1993, Page 6

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Does the alleged contradiction to the bylaw apply, or not apply, to organizations independent of the
Synod, such as the Association of Loyal Lutheran[s], Northwest, Inc., even though such an organization
consists of people who are members of Missouri Synod congregations?
In response, the Commission offered the following opinion:
During consideration of its response, the Commission reviewed the synodical resolution which
established the bylaw as well as the materials which you provided. The resolution reads as follows:
To Add Bylaw Paragraph
to Board for Mission Services
RESOLUTION 5-37
Report 5-02, 11, K (CW, p. 195)
WHEREAS, Some confusion has existed in the past when Districts and other entities have sent
missionaries (clergymen, teachers, or others) to foreign mission fields at their expense; and
WHEREAS, It has always been assumed that this is to be done through the synodical Board for
Mission Services; and
WHEREAS, This should be specifically stated in the Bylaws; therefore be it
Resolved, That the following paragraph be inserted in the Bylaws under functions of the Board
for Mission Services:
PROPOSED WORDING
2.213 Functions (1992 Handbook 3.809 c)
c. Serve as the only sending agency through which workers and funds are sent to the
mission areas of the Synod, even though programs are supported by Districts or other
entities.
In responding to your question, the Commission notes several things. First, the obvious purpose of the
bylaw is so that the most effective and efficient use of resources will prevail as the task of mission work is
carried out. Second, it is also obvious that the Synod cannot control the actions of individual members of
member congregations of the Synod. The Synod can, however, expect congregations and pastors to act in
conformity with the bylaw.
With this in mind, the Commission concludes that while it is not specifically contrary to the Bylaws for
individuals or organizations made up of individual members of member congregations of the Synod (other
than rostered church workers who are members of the Synod) to send missionaries, it is certainly contrary
to the spirit of the bylaw. However, the bylaw does apply to organizations or entities, whether or not related
to or sponsored by Synod, whose membership includes member of the Synod; i.e. rostered church workers
or LCMS congregations. This conclusion is indicated by Bylaw 2.39 a-c.
It should finally be noted that there is nothing which prevents actions being taken by groups such as those
referred to above if those actions are coordinated through the Board for Mission Services which then, in
effect, becomes the sending agency.