LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 7,1997, Page 4

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which specifically are cited a number of times in Bylaw 3.403, b, and by implication throughout the
bylaw. The Bylaws contain no geographical restraints on its activities. In view of this, the Commission
concludes that a district has no authority to direct that a Gifts Planning Counselor may not be located
within the geographic area of the district. Whether either declining such a position or insisting on one is
the better part of wisdom and churchmanship is another matter. While this opinion of the Commission
applies to the Foundation because of the provisions of the Bylaws, it is not necessarily true of other
entities of the Synod.
You have also asked whether a district can request the Foundation (or any other entity) to remove a
representative from their geographic area. The simple answer is that, yes, it can do so, but it cannot
direct that this be done. Whether it is required to do so is referenced in the answer provided above.
A further question posed is whether the district is obligated to meet with representatives from the entity
of Synod at the request (or demand) of that entity. To this question the Commission would respond both
yes and no. The Commission is concerned that there is an understanding that as fellow Christians,
particularly those of the same fellowship, we live and serve together in community. As such it is clear
that arbitrary decisions should be avoided at all costs. It is well known that, "A house divided against
itself cannot stand." Consequently, the Commission would urge that the obligation placed on all parties,
not only one, is the obligation of dealing with one another in Christian love for the purpose of
advancing the cause of the Gospel. We believe this also responds to your fourth question.
The Commission recognizes that its primary function is to interpret the Constitution, Bylaws, and
resolutions of the Synod and that it may be beyond its purview to express the views stated above.
However, the Commission also believes that responses to questions cannot always be stated in purely
"legal" terms, but must also take into account the agreements we make together as a Synod whose
members understand themselves as members of the body of Christ.
With respect to the final questions dealing with the Lutheran Church Extension Fund, the Commission
concludes that the same answers do not apply since the Bylaws envision a different relation than that of
the Foundation.
The Commission first recognizes that the Bylaws differentiate in the relationship of Lutheran Church
Extension Fund (LCEF) to districts which do and do not hold membership in LCEF. Bylaw 3.390, b,
states that there shall be a "Board for Church Extension of The Lutheran Church-Missouri Synod, the
functions and duties of which are set forth in sections 3.397 and 3.398 of these Bylaws." In those
Bylaws it is stated that the Board for Church Extension is to "aid Districts in motivating individuals,
congregations, and organizations in acquiring investments for church extension in a systematic manner"
(3.397, a). It is also to "confer with Districts in cooperatively promoting Church Extension Funds and
seeking greater uniformity in the policies and programs of the District" (3.398, d).
In view of these Bylaws, it is permissible for the LCEF, acting as the synodical Board for Church
Extension, to locate a representative in the district to aid the district in developing and implementing a
cooperative and coordinated effort for church extension activities. It may not, however, locate an LCEF
representative in a district which is not a member of LCEF to solicit funds for LCEF unless that is done
in cooperation with the district.
The Commission believes that it has responded to your inquiries. It's response is accompanied with the
prayer for God's continued blessings on your important ministry and for resolution of the difficulties
which may presently exist in relation to the Foundation and LCEF.