LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 14, 1999, Page 8

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convention, and reaffirmed in conventions which followed. Since ultimate responsibility as spiritual
head of the institution remains with the President of the institution, even though that responsibility is
delegated, any other ruling under the present bylaws and resolutions of the Synod would be impossible
to sustain….
It is the opinion of the Commission that until the Synod clearly indicates that the term, “spiritual head,”
does not involve the President of the institution in the distinctive functions of the pastoral office and/or
exercising authority over men in spiritual matters, its decision is consistent with the position adopted by
previous conventions.
In response to the current question, the Commission therefore answers that because current Bylaw 6.12
retains the content and terminology of the Bylaw 6.15 referred to in the 1984 opinion, including the
requirement that a President of an institution serve as its “spiritual head,” the 1984 ruling of the
Commission stands because it was never overruled by a synodical convention.
60. Question Re the Eligibility of Called Teachers to Vote in Voters’ Assemblies (99-2161)
A pastor of the Synod in an August 10 letter posed the following question to the Secretary of the Synod:
[A statement in our school’s faculty handbook] reads, “Called teachers at our school are members of the
Lutheran Church Missouri Synod (sic)…. As members of synod, not the congregation, they are not
eligible to vote in the voter’s assembly.”
This has never been my understanding. There are of course times when it is prudent for a called worker
to choose not to vote, but I find nothing in the handbook of the Synod that would prohibit called
teachers from voting. Please consider my request that you research this matter. If satisfactory
information is not available, please ask the CCM to render an opinion.
Response: The Commission replies that there are no provisions in the Constitution or Bylaws of The
Lutheran Church-Missouri Synod that prohibit individual members of the Synod from also holding voting
membership in a congregation that is a Synod member. Article II of the Bylaws addresses membership in
the Synod. Nothing in that Article in any way prohibits individual members of the Synod from also being
voting members of their local congregation. The Commission recognizes that congregations are
autonomous and self-governing (Constitution Article II; Bylaw 8.11). A congregation could therefore limit
who may vote in its voters’ assembly. However, the passage from the faculty handbook quoted above is
based on an incorrect premise about the interplay of Synod membership and congregation membership.
61. Clarification of Articles II, VI, and XIII and Bylaws 1.09, 2.27, and 2.39 Re False Doctrine,
Suspension, and Expulsion (99-2162)
In an August 17, 1999, letter to the Commission, a pastor of the Synod addressed specific questions to the
Commission regarding the suspension and expulsion of a member of the Synod who embraces and persists
in false doctrine. This matter was assigned to a Commission member for the drafting of a response.
62. Question Re Suspension of a Pastor and Request for Clarification of “Shall” in Article XIII of the
Constitution (99-2163)
In a letter dated August 20, 1999, a pastor inquires regarding latitude and discretion on the part of a District
President in the suspension of a pastor. This matter was assigned to a Commission member for the drafting
of a response.
63. Questions Re Interaction between Bylaws 2.27 and 6.47 when Charges are Brought against a
Member of a Faculty (99-2164)