LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 15,1998, Page 2

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Since that time, studies on the issue of "Women in the Church" have continued. The 1985 study referred to
was considered by the Synod in 1986 and was commended to "congregations for continued study and
discussion. . . " (Res. 3-09, 1986). That study and discussion has been in progress since that time. In fact,
the Commission on Theology and Church Relations includes in its report to the 1998 synodical convention
the fact that this is one of a number of "Studies in Progress." (Convention Workbook, p. 50).
In view of this, the Commission on Constitutional Matters does not believe it can provide a response to the
question posed since it is one on which the Synod has not reached a conclusion. The Commission can only
conclude that until the study on this issue is completed, congregations are urged to abide by the opinion of
the CCM of 1970. This is what the Synod itself has stated as recently as 1995 in attached Resolution 3-06A.
156. Requirement Necessary to Meet Specification of Bylaw 2.23, c (Ag. 2102): A pastor had placed the
following questions before the Commission on Constitutional Matters for an opinion:
Is this really all it takes to justify such an extreme (and in my case, career ending) measure? Can such
brief and wholly unsubstantiated charges truly be sufficient to satisfy Bylaw 2.23? Did not those who
codified our LCMS structure have something more substantial in mind when they called for it specific
reasons"? Does our Constitution actually give a District President the power to simply declare any
doctrine outside the boundaries of Lutheranism without offering any proof whatsoever?
To these questions, the Commission responded as follows:
Bylaw 2.23, c, simply states with respect to the questions raised that, "An individual member of the
Synod shall be notified in writing as to the specific reasons for having been placed on restricted status."
The questions which are posed call upon the Commission on Constitutional Matters to express an
opinion regarding the degree of specificity or extent of information required when the District President
provides reasons for placing a church worker on restricted status. The Commission is not in a position
to provide such an opinion since the Constitution, Bylaws, or resolutions of the Synod do not speak to
the issue.
The Bylaws provide a remedy for the concern expressed by providing a means by which this issue can
be determined, namely an appeal as stated in Bylaw 2.29, Procedure to Consider Petition for Removal
of Restricted Status. It is this procedure which should be followed in order to secure an answer to the
question posed.
157. Roster Questions (Ag. 2103): The Secretary of the Council of Presidents had forwarded questions on
behalf of the Council for a response by the Commission on Constitutional Matters. The questions posed
were as follows:
1. Can an ordained minister of the Synod be placed on candidate status when he has already accepted a
call to serve as pastor of a congregation that is not a member of the Synod?
2. If an ordained minister has been removed from candidate status while serving as a called pastor of a
non-member congregation, has there been a procedural error?
3. May an ordained minister serve a non-member congregation if he is not a member of the geographic
district in which the non-member congregation is located?