LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 15, 1996, Page 1

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50. Status Calls : Chairman Tesch reminded Alan Barber of the need to have some materials prepared on
the issue of status calls and asked that this be done as soon as possible.
51. Adjournment : The meeting was adjourned with prayer led by Alan Barber.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters
July 15, 1996 - 8:00 p.m. Telephone Conference
52. Opening: : After roll call showed that all members of the Commission were present for the telephone
conference, Chairman Tesch called upon David Piehler to lead the Commission in an opening prayer,
asking for God's blessing upon the work of the Commission.
53. Expulsion of Lindemann (Ag. 2038) : A letter had been received from a Mrs. Betty Hopper, who
described herself as a member Incarnation Lutheran Church and one who had been asked by members to
write to the Commission on Constitutional Matters regarding the expulsion of Pastor Lindemann from the
roster of the Synod. Pastor Lindemann had been suspended by the District President and ultimately a
hearing had been held before a Dispute Resolution Panel regarding the question of whether the action of the
District President should be upheld. The Dispute Resolution Panel ruled in favor of the District President.
The letter of Mrs. Hopper indicated that it was her opinion and those whom she purportedly represented that
this matter had not been dealt with properly.
In reviewing this matter, the Commission first noted that the Bylaws limit the action of the Commission on
Constitutional Matters to questions which are posed by members of the Synod, namely, congregations,
ordained or commissioned ministers, or by officials, boards, commissions, or entities of the Synod. It
further noted that full opportunity had been provided Pastor Lindemann to avail himself of the dispute
resolution process and since a decision had been made on this matter, the issue was moot at this point. In
view of these facts, the Commission decided to respond as follows to Mrs. Hopper:
In its meeting by telephone conference on July 15, 1996, the Commission on Constitutional Matters
reviewed your request of May 5, 1996. In doing so, it was aware that the Bylaws only allow the
Commission to respond to questions posed by members of the Synod, that is, congregations and
ordained or commissioned ministers. Because of that, the Commission recognized that it really has no
authority to respond to your questions.
The best way, and that provided by the Synod, is to deal with issues such as you have raised through the
dispute resolution process. In that process questions which arise can be addressed in a way which
avoids confusion of the issues and delay in arriving at a resolution of them. In the course of the process
there is provision for addressing questions to the Commission on Constitutional Matters.
Pastor Lindemann had the opportunity to avail himself of the dispute resolution process, including
addressing questions to the Commission on Constitutional Matters, and to appear before the panel to
present his position. He chose not to do so. Unfortunately, as a result a final and binding decision on the
issues was made without his participation. Since that has occurred, the Commission can only conclude
that consideration of the matter about which you requested an opinion is moot.
54. Uniting of Two Separate Congregations (Ag. 2040) : A pastor had written to the Commission on
Constitutional Matters, asking a number of questions regarding the unification of two separate