LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 29-30, 2009, Page 1

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MINUTES

COMMISSION ON CONSTITUTIONAL MATTERS
August 29-30, 2009

111. Call to Order and Opening Prayer

Chairman Albert Marcis called the meeting to order and called on Gordon Tresch for an opening
devotion. Upon review of the agenda for the meeting, it was noted that 08-2526 should have been retained
on the agenda due to the recent receipt of additional documents for review.

A motion “to move into executive session to discuss issues related to Board of Directors actions” was
introduced and carried.

111X. Executive Session

112. Review of Blue Ribbon Task Force on Synod Structure and Governance Constitution and
Bylaw Proposals

A large portion of the meeting was used to review proposed constitution and bylaws changes of the Blue
Ribbon Task Force on Synod Structure and Governance, the commission having determined this to be a
priority for its meeting. As a result of the discussion, the Secretary was asked to prepare a draft of the
proposed constitution and bylaw changes reflecting the commission’s recommendations, to be reviewed
by the commission during a conference call within the next week, to then be presented to the task force in
time for its final meeting, September 23-25, 2009.

113. Binding Force Resolutions (08-2542)

Referencing CCM Opinion 08-2524, which referred to 2004 Res. 3-05A, “To Affirm Marriage as Union
of One Man and One Woman,” a pastor of the Synod in a letter dated December 30, 2008, asked the
commission whether other resolutions in the same category were equally binding with similar attending
disciplinary action.

Question: I would appreciate your opinion on other convention resolutions and whether they are to be
considered in the same category, i.e., equally binding; in addition, I request that your opinion
include similar disciplinary action as given in 08-2524, as well as directions for district
presidents (and circuit counselors) in monitoring and supervising parish pastors and other
rostered ministers and minimum standards for doing so, with attending disciplinary action for
district presidents who do not follow such direction.

Opinion: Opinion 08-2524 is not only applicable to the matter of 2004 convention resolution 3-05A but
to all resolutions, as already stated in the bylaw quotations included in the opinion:

Under the assumption that 2004 Res. 3-05A is in accordance with the Word of God, the
Synod expects every member congregation of the Synod to respect the resolution and
consider it of binding force (Cf. Bylaw 1.7.2). Bylaw 1.6.2 states, “Such resolutions come
into being in the same manner as any other resolutions of a convention of the Synod and