LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 2, 1994, Page 1

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Minutes of the Commission on Constitutional Matters - April 2, 1994
74. Opening : Opening devotion for the meeting of the Commission was led by Walter Tesch and was
based on the account of the healing by Jesus of the lame man at the pool of Bethesda. He especially
emphasized the words of Jesus to the man which were, "Do you want to get well? ... Get up, pick up your
bed and walk." In terms of present day situations, there are many who are blind, lame and paralyzed in
terms of gangs, teenage pregnancies, abortions, etc. We need to say to them, "Do you want to get well?" and
to speak to them of the power which is there in the name of Jesus. We need to assure them that they can be
well if they will only trust in Jesus, the great physician, who can cure, give peace, and restore to health. The
devotion was closed with prayer.
75. Right of Appeal (Ag. 1977) : A district president had asked the Commission to respond to the
following questions:
If a Minister of Religion-Ordained, holding the status of Emeritus, is ordained into the diaconate and then
subsequently as a priest into the Anglican Church in America, does he by that action automatically lose
his membership on the clergy roster of The Lutheran Church-Missouri Synod? If he thus loses his roster
status, does he also forfeit his right of appeal concerning his loss of roster status?
If the Commission answers that such a person automatically loses his status on the roster of the LCMS
and that there is no appeal of his removal from the roster in such a case, is a district president obligated to
enter into either an adjudication process or the Synod's new reconciliation process about this matter at the
request of the one who has joined another denomination?
After carefully reviewing the Constitution and Bylaws as they relate to this matter, the Commission has
decided to respond as follows:
One who accepted ordination by a confession with which the Synod is not in fellowship would become
subject to termination of membership in the Synod in accordance with Constitution Article VI and XIII
and Bylaws 2.21 and 2.27. Such conduct, like any other conduct that might lead to termination, does not,
of itself, operate as a forfeiture of the member's right to avail himself of the adjudication process if the
appeal was initiated in a timely manner. This is supported by the final sentence of Bylaw 8.01 which
states:
No person or entity to whom or to which the provisions of this chapter are applicable because such
person is a member of the Synod may render the provisions of this chapter inapplicable by
terminating that membership.
The Commission notes that an identical provision was included in Bylaw 8.07 c which existed prior to
1992 but was not included prior to 1983.
In view of the fact that the Commission is not aware of the specific remedy which is being sought, it is
not in a position to respond more fully to the questions posed.
76. Challenges to District Constitution Committees Requirement for Congregational Constitution
Change (Ag. 1978) : The District Constitution Committee Chairman had written stating that because of the
decision of the synodical convention to eliminate District Commissions on Adjudication, he was requesting
information as to what Synod's Commission on Constitutional Matters proposed to substitute for this
stipulation which was no longer in force in cases where changes are challenged. The Secretary had written a
letter to him as a personal response offering three alternatives: