LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 10-11, 1994, Page 2

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ultimately determines "realignment" or "boundaries" of districts.
4.

The normal procedure is to secure agreement of the "transferring" district and the "receiving"
district. An overture is then sent by the congregation to the synodical convention requesting the
transfer, including the fact that both districts agree to the change in district membership.
The Commission concludes that if there are practices in the congregation which are not in harmony
with the Constitution, Bylaws and resolutions of the Synod and the district is dealing with that
congregation, the District Board of Directors may refuse to agree to support the request for transfer to
another district, geographical or non-geographical, a transfer which must be approved by the Synod in
convention. The congregation may, indeed, request the convention to approve a transfer. However,
the Commission would not want to encourage the congregation to believe that the convention would
act favorably without the support of the district for such transfer.

84. Transfer to Lutheran Church-Canada (Ag. 1982) : President Barry had noted that in consultation
with representatives from the Lutheran Church-Canada, as well as The Lutheran Church-Missouri Synod, a
question had arisen which they felt needed constitutional clarification. The question was, "what procedural
steps need to be followed in transferring a congregation from The Lutheran Church-Missouri Synod to the
Lutheran Church-Canada?"
After some discussion, the Commission decided to respond as follows:
In reviewing the matter, the Commission has concluded that the Constitution and Bylaws of the Synod
do not deal with this issue and there are no synodical resolutions which specify such procedures. In the
process of review, the Commission noted the following:
1.

There is an agreement between the two church bodies that workers may be transferred
from a district of one church body to the other by simple agreement to the transfer between
district presidents. It is the same procedure followed in transfers between districts when both
are in the LCMS.

1.

When congregations transfer from one district to another within the LCMS, it begins with
agreement for transfer by the two district boards of directors. This transfer is then approved at
the synodical convention since it is the Synod which determines the boundaries of the districts.
(Bylaw 4.03 a). This procedure is, however, traditional and is not spelled out within the Bylaws
of the Synod.

The Commission is of the opinion that these observations provide some guidance but nevertheless do
not provide the specificity of procedures which would be desirable. In view of this, it is the opinion of
the Commission that either one of the two following procedures could be followed.
1.

The same procedure could be followed for transfer of congregations from LCMS to LCC
as is followed in transferring congregations between districts of the Synod, namely, agreement
by district boards of directors followed by approval at national conventions.

1.

Because of the varying convention schedule of the two church bodies, both districts
securing approval of district boards of directors followed by approval of national boards of
directors would be possible in order to reduce the time involved. If necessary, such action by a
board of directors could be ratified at the next national convention of each church body.