LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 6, 1997, Page 1

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123. Adjournment: At the request of Chairman Tesch, the meeting of the Commission was adjourned with
prayer led by Dr. Schlecht.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters - July 6, 1997
Ruling of the Commission on Constitutional Matters

124. Voting Rights of Suspended Congregation (Ag. 2084): A congregation had been informed that
because it was suspended by the District President, it would not be allowed to register its lay delegate for
voting at the district convention. The question had been asked as to whether or not this was in conformity
with the Bylaws of the Synod. Because of time constraints involved, Chairman Tesch provided a response
which was shared with and agreed to by David Piehler. The response had been forwarded to other members
of the Commission who were asked to review it immediately. Any objection on their part was to be
forwarded to the office of the Secretary of the Synod. If no objections were received by 3:30 p.m. on July 9,
the opinion was to be released to the concerned parties. No objections were received and the opinion
released was as follows:
FACTS: A congregation and its pastor have been placed on suspended status by a District President.
The District President has now notified the congregation and its pastor that both have been relieved of
their delegate status at the district convention.
ISSUE: What effect does suspended status under Bylaw 2.25 have on a congregation's standing at a
district convention?
OPINION
Article V, A, of the Constitution of the Synod states as follows: "All organized congregations that have
joined the Synod hold voting membership. At the meetings of the Districts of the Synod every
congregation or parish is entitled to two votes, one of which is to be cast by the pastor and the other by
the lay delegate."
Bylaw 2.25, a, states as follows: "When formal proceedings have been commenced against a member of
the Synod (individual or congregation), under the procedure set forth in Bylaw 2.27, . . .” Further,
Bylaws 2.25, c, and 2.25,c, 1, state as follows: "An individual member of the Synod on suspended
status shall (1) be relieved of duties as a member of the Synod (e.g., as a delegate to a District or
synodical convention, . . ."
It is to be noted that Bylaw 2.25, a, makes a distinction between "individual" or "congregation" whereas
Bylaw 2.25, c, addresses only an "individual" member of the Synod on suspended status. It is silent as
to a congregation. Accordingly, the Commission holds that when a congregation and its pastor are both
on suspended status, the congregation retains its voting privileges at a district convention but its pastor
who is on suspended status may not cast the pastoral vote to which the congregation is entitled under
Article V, A, of the Constitution of the Synod.

Walter L. Rosin, Secretary