LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 23, 1997, Page 6

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In response, the Commission provided the following opinion:
You have asked the Commission on Constitutional Matters to rule on the question of whether it is
necessary that district resolutions be in harmony [with] and not contrary to the synodical doctrine and
position.
In response, the Commission observes that on the basis of Bylaw 1.05, b and c, districts are established
by the Synod in order to more effectively achieve the objectives of the Synod and carry out its
activities. See also Bylaw 4.01. Furthermore, on the basis of Bylaw 4.07, a, "The Synod is not merely
an advisory body in relation to a District. A District is the Synod itself performing the functions of the
Synod. Resolutions of the Synod are binding on the Districts."
In view of the bylaws cited above, as well as others, it is clear that district resolutions must be in
harmony with and not contrary to synodical doctrine and position.
7. Florida-Georgia District Bylaws (Ag. 2087): A resolution amending the Florida-Georgia District
Bylaws relative to the election of district vice-presidents had been forwarded to the Commission. The
resolution was intended to provide for the election of a district vice-president from the state of Georgia. It
was noted that this matter would be reported to the Commission on Constitutional Matters for information
purposes and that unless it was found to be contrary to the Constitution and Bylaws of the Synod, it should
be considered approved. There were no objections to the proposed bylaw change.
8. Eligibility for Board Membership (Ag. 2088): A member of a board was concerned about a decision of
the Commission on Constitutional Matters regarding retired pastors and their service on a board as a
layman. He noted that being retired, he felt that the ruling would not have any bearing and that retired
persons could seek to be regarded as laypersons. Among other things, he asked the question of whether a
pastor who has retired and no longer has a call can be regarded as a layperson. He noted that our theology is
not the same as that of other church bodies, such as the Roman Catholic Church. He noted, however, that
retired clergy in the LCMS fill vacancies or serve as guest speakers. He also asked regarding the manner in
which clergy persons in retirement should fill out their income taxes, namely, as clergy or as laypersons.
In response to the questions contained in the letter, the Commission on Constitutional Matters offered the
following observations and opinion:
1. The membership provisions of the ELCA are different from those of The Lutheran Church-Missouri
Synod. Consequently, the practice of that church body has no relevance for membership
considerations in the LCMS.
2. For membership in the LCMS, it is not true that if one has no call he/she has no office. The LCMS
has a category of membership called advisory members. Included in this category are persons with
candidate status, i.e., persons "eligible to perform the duties of any of the offices of the ministry
specified in Bylaw 2.15 but who [are) not currently performing those duties on a regular basis."
Also included in this category of advisory members are ordained or commissioned ministers who
are classified as emeritus (Bylaw 2.17).
3. You are correct in that since the 1995 convention, certified lay ministers are now classified as
Commissioned Ministers of Religion. They, together with teachers, directors of Christian education,
deaconesses, and directors of Christian outreach, are all in the same classification. Therefore, if
membership on a board calls for a Commissioned Minister of Religion, a person in any of the
categories which fall into that classification could be elected.