LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 23, 1997, Page 2

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that voting rights would also extend to the Circuit Forum. Bylaw 2.17 defines an emeritus member of
the Synod as a minister who is retired and whose application for that status has been approved by his
District President. Bylaw 2.15, a, includes among those defined as "active members" of the Synod "[an]
ordained minister serving a congregation of the Synod" and indicates thereby that status as an active
member is inconsistent with emeritus status under Bylaw 2.17.
From these provisions it is apparent that an ordained minister "serving" as pastor of a congregation of
the Synod cannot be an emeritus member. By past interpretation, the Commission on Constitutional
Matters has opined that ministers providing services to a congregation under a limited contract, rather
than a call, were not serving a congregation in the sense of Bylaw 2.15, a. Likewise, a vacancy pastor
would not be serving a congregation in the sense of that bylaw since he either already has a full-time
call to another position or is serving the congregation in a temporary capacity without specification as
to length of service. The language of Articles V, B, and XII, B, of the Synod Constitution which refer to
ministers "in charge of congregations" is in the same sense as the provision of Bylaw 2.15, a, and leads
this Commission to conclude that emeritus status is inconsistent with being in charge of a congregation,
and thus inconsistent with exercising voting rights at a District or Synod convention or Circuit Forum.
Given that under both the Concordia Retirement Plan and the Pension Plan for Pastors and Teachers a
minister could collect retirement benefits while still holding a full-time position, it is now possible for a
minister to be retired for purposes of those Plans, while still being an active member of the Synod under
Bylaw 2.15, a, because he is serving a congregation of the Synod. Congregations are free to extend calls
or calls with contracts attached to such ministers. Such a minister would be able to exercise voting
rights under Articles V, A, and XII, A, of the Constitution. However, such a minister could not be an
emeritus member of the Synod, since that status is inconsistent with active membership. The
Commission observes that nothing in the Bylaws precludes an emeritus member of the Synod from
resuming active membership to take charge of a congregation by divesting himself of emeritus status
while still retaining retirement benefits. He may, of course, later request emeritus status once again, if
he wishes to do so.
127. Questions Re Ruling on Woman Suffrage (Ag. 2083, A): Several letters had been received, one
from a pastor and one from a congregation elder, with respect to an opinion issued by the Commission
which stated that public and persistent teaching that woman suffrage was contrary to Scripture could subject
a congregation or a pastor to suspension since such teaching would be contrary to the position of the Synod.
The pastor asked specific questions which involved interpretation of Scripture. The reply of the
Commission stated that the request was beyond its purview and that the responsibility for responding to
such matters was lodged elsewhere.
It was not clear whether the elder had the authority to speak for the congregation. If he did not, he had no
standing to request an opinion. Nevertheless, because the letter stated unequivocally that the congregation
would continue to publicly teach that woman suffrage was contrary to the Scripture, that in adopting its
position the Synod had violated Scriptural teaching, and that it challenged anyone to dare to remove them
from membership a response was provided. It stated that discipline was not the responsibility of the
Commission and that in view of the content of the letter, the letter was being forwarded to the District
President who has responsibility for supervision of doctrine and administration of members of the Synod
through that district.
128. Congregation Voting Rights at District Convention (Ag. 2084, Min. 124): This matter had been
dealt with and action is recorded in the minutes of the Commission as indicated.
129. Inclusion of Women in the Pastoral Office (Ag. 2085): A pastor had asked the Commission to
provide an opinion in response to the following questions: