LCMS Convention Workbook St. Louis, Missouri — 1975, Page 238

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238 CONSTITUTIONAL MATTERS

seeks to remove Dr. Tietjen from the presidency of the semi-
nary: and

WHEREAS, Bylaw 1.27¢ prohibits overtures requesting the
Synod to take action ‘tin matters for which the Constitution and
Bylaws have provided specific procedures”: and

WHEREAS, The Bylaws do provide specific procedures for
removing a president of a synodical school: therefore be it

Resolved. That the Synod declare the above-named resolu-
tions to be unconstitutional: and be it further

Resolved. That the Synod express its deep regret for not
protecting a brother in the performance of his duties and the
maintenance of his rights (Art. IIJ).

II

WHEREAS, Overture 3-164 of the 1973 Workbook states that
Dr. Tietjen fostered a theology contrary to the Confessions: and

WHEREAS, Resolution 3-12, printed and presented to the 1973
convention, contains charges that Dr. Tietjen fostered teachings
contrary to the Scriptures: and

WHEREAS, Bylaw 1.27¢ prohibits overtures which contain
“defamatory allegations’: and

WHEREAS, One of the purposes of the Synod is to protect
pastors and teachers and congregations in the performance
of their duties and the maintenance of their rights (Art. III): and

WHEREAS, There are procedures for placing charges of false
doctrine against members of the Synod: and

WHEREAS, The Commission on Constitutional Matters has
ruled that the above-named resolutions are not ‘‘defamatory”:
and

WHEREAS, Bylaw 2.107 states that an opinion of the CCM
can be overruled by a synodical convention: therefore be it

Resolved, That the Synod in convention rule that the false
doctrine charges in Overture 3-164 and Resolution 3-12 are of a
“defamatory” nature and are therefore unconstitutional.

Texas Pastors-Teachers Conference 3
Katherine Bolland, Secretary

5-76
To Reverse Ruling re Referral of
Tietjen Case

WHEREAS, The Rev. Dr. John H. Tietjen is an active member
in good standing of the Mt. Calvary Ev. Lutheran Congregation,
1444 N. Union Blvd., St. Louis, Mo. 63113, and has shown him-
self faithful in the use of the Sacred Scriptures and holy sacra-
ments of the church: and

WHEREAS. The Mt. Calvary Ev. Lutheran Congregation is
a member in good standing of the English District of The Lu-
theran Church— Missouri Synod: and

WHEREAS, The Rev. Dr. John H. Tietjen is a pastoral mem-
ber of the English District of The Lutheran Church — Missouri
Synod: and

WHEREAS, In its meeting of Feb. 21—22, 1975, the Commis-
sion on Constitutional Matters (CCM) issued a ruling which in
effect states that the District President who must now proceed
with doctrinal charges against the Rev. Dr. John H. Tietjen
shall be the President of the Missouri District rather than the
President of the English District, of which Dr. Tietjen is a mem-
ber: and

WHEREAS, John Tietjen is a lifelong member of the English
District as is testified by the following facts: He has always
belonged to English District congregations and since his ordina-
tion in 1953 has always served English District congregations.
When he was installed as president of Concordia Seminary in
1969, he was installed by Rev. Bertwin L. Frey, then President
of the English District. Since then he has been a member of
this English District congregation in St. Louis (Mt. Calvary)
and has served as a member of the English District’s Mission
and Church Extension Board and since 1969 has been its chair-
man. Also, since November 1974 he has been called by the
English District as a theological consultant to the District: and

WHEREAS, The CCM ruling first cites Bylaw 6.791, which
states that when the Board of Control of a synodical educational
institution sustains a charge against a member of its faculty and
thereby removes him from office, and when that charge is of
such a nature that it could disqualify the individual from further
membership in the Synod under Article XIII, “the District
President of the accused shall be so notified and a transcript
of the proceeding shall be forwarded to the District President

. [who] shall then proceed in the manner prescribed in the
Constitution and Bylaws.” (emphasis added): and

WHEREAS, The CCM ruling appears to hold that John Tietjen
has become a member of the Missouri District by virtue of By-
law 1.09 d, which states in part:

Clergy and teacher members of the Synod who are serving an edu-
cational institution of the Synod shall be under the ecclesiastical
supervision of the President of the geographical District in which
the institution is located.

and,

WHEREAS, The CCM appears to conclude that since Bylaw
3.05 gives the Synod the right to assign congregations, clergy-
men, and teachers to a certain District, and that since Bylaw
1.09d required Dr. Tietjen to transfer his membership to Mis-
souri, the two Bylaws operate ipso facto as a reassignment: and

WHEREAS, Neither Bylaw 1.09d nor 3.05 supports the CCM
conclusion, because the language of Bylaw 1.09 d quoted above
follows language which states that clergy and teacher members
of the Synod shall hold their synodical membership in the Dis-
trict in which the congregation they serve holds membership,
thus drawing in the same paragraph a clear distinction between
membership and ecclesiastical supervision and making it clear
that ecclesiastical supervision by a District President is not
a transfer of membership; and

WHEREAS, Bylaw 3.05 (Membership of Districts) reads as
follows:

The membership of a District consists of all those members of The
Lutheran Church — Missouri Synod (congregations, clergymen, and
teachers! who have been received into the District at the time of
joining the Synod, who have been transferred from another District,
or who have been assigned to the District by the Synod. Termination
of membership in the Synod terminates membership in a District.

and,

WHEREAS, John Tietjen was called by Concordia Seminary
to be its president, not assigned thereto by the Synod: and

WHEREAS, There is nothing in Bylaws 1.09 d or 3.05 to justify
the conclusion that John Tietjen was ipso facto transferred to
the Missouri District: and

WHEREAS, The CCM did not in its ruling mention Bylaw 5.11,
which states as follows:

When a member of the Synod is accused of an act or of conduct
which could result in expulsion from the Synod under Article XIII
of the Constitution, the accusation shall be addressed in writing to
the President of the District in which said member holds membership.

and,

WHEREAS, John Tietjen's membership was never in the
Missouri District, and now that he is no longer on the faculty
of Concordia Seminary, he is no longer under the ecclesiastical
supervision of the President of the Missouri District: and

WHEREAS, Although Dr. John H. Tietjen’s teachings and
activities at Concordia Seminary prior to his termination may
be the basis for an accusation under Bylaw 5.11, the matter for
determination is whether Dr. Tietjen presently holds false
doctrine or persists in offensive conduct: and

WHEREAS, We believe it clear that the President of the
English District is the District President of the accused (Bylaw
6.791) and that Bylaw 5.11 requires that the case be sent to the
President of the English District, and that the meaning of By-
laws 1.09 d and 3.05 should not be stretched to obtain a contrary
result: therefore be it

Resolved, That The Lutheran Church—Missouri Synod in
convention at Anaheim reverse the decision of the Commission
on Constitutional Matters regarding the case of the Rev. Dr.
John H. Tietjen: and be it further

Resolved. That The Lutheran Church— Missouri Synod in
Convention at Anaheim refer the review of and action on the