LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 4-5, 1994, Page 2

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3. In IV 9 b v - The committee also has the responsibility to review the Constitution and Bylaws of
newly established congregations.
4. Another nit-pick! In IV 9 b i substitute "with" for "for."
93. Constitutionality of District Resolution (Ag. 1988) : A congregation in the Northwest District had
asked the Commission to rule on the constitutionality of a resolution adopted at the district convention
which was entitled, "To Encourage Woman Suffrage in all Congregations." It stated that it believed the
resolved adopted by the district removed congregational "liberty." It stated as its opinion that should the
issue arise, the resolution puts the Northwest District and the LCMS firmly "encouraging'' on one side of
the debate. To "urge" a particular position with the force of a clear district position in a matter declared by
the Synod to be at liberty does not show "love."
After reviewing the issues involved, the Commission decided to respond as follows:
At its recent meeting, the Commission on Constitutional Matters considered your request. In doing so, it
concluded the following:
Northwest District Resolution 94-1-04 is not unconstitutional.
1. It does not deprive the congregation of its liberty to reject the congregational franchise for women. It
merely "urges" congregations to reconsider the action of such rejection if a congregation has
previously taken that position. The congregation is still at liberty to make its own decision.
2. The view that the urging by a district for reconsideration of the rejection of women's suffrage in a
congregation does not show love does not make the resolution unconstitutional. Congregations are
frequently urged to take one action or another. The very fact that congregations are "urged to take
an action indicates that there is a differing view which a minority can legitimately hold. A majority
is free to express its view as to what it believes is preferable but, of course, cannot require a
minority to adopt it.
Simply to express that view is not a lack of love. It can well be understood as a "cautious and
deliberate action in the spirit of Christian love." The matter is subjective and dependent on the
view of the individual person.
94. Seating of Convention Delegates (Ag. 1989) : On behalf of his congregation, a pastor had asked the
Commission on Constitutional Matters to rule on the question of whether a district of the Synod could
refuse to seat a clergy and/or lay delegate at the district convention because the congregation they
represented could not pay the assessment for the convention and refused to sign a promissory note saying it
would in the future. He noted that the refusal to pay was because of extreme financial hardship and that the
refusal to sign the promissory note came out of an unwillingness on the congregation's part to promise
something it was not at all sure it could do. Basically, the question was, "Do congregational assessments
and/or convention registration fees amount to a poll tax?"
In responding to the question, the Commission concluded that an opinion previously adopted would respond
to the issues which were raised. In that opinion in answer to the question "Is the concept of requiring
payment of the assessment before the delegates are seated constitutional?" the Commission had responded
as follows:
In responding to this question, the Commission notes that Bylaw 4.23 accrediting of delegates deals
with the accreditation of such delegates at the district convention. It states, "The delegates of a voting