LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 5, 1999, Page 1

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33. Review of “GUIDELINES” for Constitution and Bylaws of a Lutheran Congregation (98-2135)
Albert Marcis provided a brief progress report on a first draft of a revised version of the Guidelines. After
brief discussion, it was agreed that this project will require a face to face meeting of the Commission after
the draft has been completed.
34. Question Regarding Academic Freedom (99-2142)
A pastor who is also a member of the Board of Regents of Concordia, River Forest, asked a question that
surfaced during discussions regarding the use of “Guiding Principles of Academic Freedom” provided by
the Board for Higher Education of the Synod:
Is it in keeping with the By-laws of the Synod (i.e. 6.23c) for a Board of Regents, using
the BHE/CUS Guidelines on Academic Freedom, to contract a member of a Missouri
Synod congregation or rostered member of the Synod, who is known to publically hold a
teaching that is contrary to the doctrine and practice of the Synod?
The Commission responds as follows. Bylaw 3.409 grants to the Board for Higher Education (BHE) “the
overall responsibility to provide for the education of ordained and commissioned ministers and other
professional church workers for the Synod.” Part of this responsibility is to “provide details for the
application of policies regarding personnel selection and grant prior approval for initial appointments of
theological faculty” (paragraph h). The BHE is therefore authorized to provide such guidelines as on
academic freedom “in keeping with the objectives and the Constitution, Bylaws, and resolutions of the
Synod.”
The question notes that two types of persons may be contracted: (1) laypersons who are members of LCMS
congregations, and (2) rostered members of the Synod. Of the two, Bylaw 6.23, c, states that rostered
candidates are to be preferred when faculty positions are filled: “Ordinarily candidates for full-time
teaching positions shall be rostered members of the Synod.” Bylaw 6.23, c, also stipulates that should
laypersons be contracted, the same allegiance to the teachings and practice of the Synod is required as of
rostered members of the Synod: “When persons are employed in full-time teaching positions, they shall
pledge to perform their duties in harmony with the Holy Scriptures as the inspired Word of God, the
Lutheran Confessions, the Synod’s doctrinal statements, and the policies of the Synod.” In the case of both
categories of persons, doctrinal resolutions and statements “are to be honored and upheld until such time as
the Synod amends or repeals them” (Bylaw 1.09, b). If there is disagreement, “Dissent from doctrinal
resolutions and statements shall be governed by Bylaw 2.39, c” (Bylaw 1.09, d). In the meanwhile,
dissenters are to “continue to honor and uphold publicly…the position of the Synod, notwithstanding
further study and action by the Synod” (Bylaw 1.09, c, 10) or face removal from office (Bylaw 6.43, c, 6).
If, therefore, a rostered member of the Synod or a layperson who “is known to publicly hold a teaching that
is contrary to the doctrine and practice of the Synod” is considered for a faculty teaching position, it will be
necessary to learn if and to what extent this is true. If it is found to be true and full compliance with the
stated positions of the Synod is not possible, such a person cannot be offered a teaching position in a
synodical school. If a person is hired after pledging full compliance with the stated positions of the Synod
and fails to honor that commitment, one of the causes for which members of a faculty may be removed
from office is “advocacy of false doctrine (Constitution, Art. II) or failure to honor and uphold the doctrinal
position of the Synod as defined further in Bylaw 1.09” (Bylaw 6.43, c, 6). Bylaw 6.23, d, also allows that
“the Board of Regents may decline to renew the appointment of a faculty member without tenure at its
discretion and without formal statement of cause.”
35. Amendments to LCEF Articles of Incorporation and Bylaws (99-2143)