Workbook page: 162
PDF page: 197
Section: No public section attached
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LCMS 2026 Convention Workbook: Reports and Overtures, PDF page 197
2026 Convention Workbook 162 OFFICER, BOARD, AND COMMISSION REPORTS that can be accomplished more effectively in association with oth- er member congregations through the Synod. In this way member congregations utilize the Synod to assist them in carrying out their functions of worship, witness, teaching and nurture, service, and support.” Bylaw 1.1.1 makes clear that Synod exists for and on behalf of member congregations. That concept is naturally and properly reiterated in Bylaw 3.6.4: “The Lutheran Church Extension Fund—Missouri Synod … [was established] to further the objectives and duties of the church ex- tension fund within the Synod. It is formed to provide financial resources and related services for ministry, witness, and outreach of The Lutheran Church—Missouri Synod” (emphasis added). It is within that framework (i.e., church extension within the Synod, providing financial and related services for ministry, witness, and outreach of the Synod) that the LCEF assets, as stated in Bylaw 3.6.4.4.1, “shall be used exclusively to provide financing and ser - vices for the acquisition of sites, for the construction of facilities, for the purchase of buildings and equipment, for operating expens- es, for professional church worker education, for the residential housing needs of professional church workers, for promoting stra- tegic ministry planning and assisting in capital campaigns; and for other purposes approved by its governing board consistent with the ministry and mission of the Synod under policies approved by the Board of Directors of the Synod.” Finally, Bylaw 3.6.4.4.2 makes clear that the assets of LCEF (as to distribution of operating results) are for the exclusive use of LCMS “member districts, congrega - tions, and corporate Synod, as determined by its governing board.” Thus, the third necessary part of this analysis—the relation, under the Bylaws, between the mission and ministry of the Synod and the scope of possible legitimately authorized operations of LCEF, especially as it regards the instant question—is concluded. Because the church body in question is not “within the Synod” (By- law 3.6.4; CCM Op. 00-2189) or serving the “ministry, witness, and outreach of [the Synod]” (Bylaw 3.6.4.4.2; CCM Op. 13-2696; emphasis added), the commission, consistent with the cited opin- ions, finds that Synod’s Bylaws prohibit LCEF funds being loaned to the church body or its congregations or other ministries. Only within said bounds, namely, within the Synod and serving the min- istry, witness, and outreach of the Synod, is the Board of Directors able by policy to permit the “other purposes” of LCEF assets de- scribed in Bylaw 3.6.4.4.1. Lutheran Church Extension Fund Canada Corporation (23-3005) Minutes of March 30, 2023 This opinion is potentially relevant to discussions of corporate form requirements. However, due to its length and nature as a line-by- line review, it is not incorporated here. See minutes. University Board of Regents Unilateral Separation (23-3006) Minutes of March 30, 2023 The Board of Directors of the Synod has submitted a series of 10 questions related to actions taken November 8, 2022, by the Board of Regents of Concordia University Texas (CTX), requesting an opinion from the Commission on Constitutional Matters (CCM). In conjunction with Bylaw 3.9.2.2 (b) the commission invited input from the President of the Synod, the Synod Board of Directors, the Concordia University System (CUS) Board of Directors, the Scope of Board of Directors Authority to Approve Usage of Lutheran Church Extension Fund Assets under Bylaw 3.6.4.4.1 (23-3003) Minutes of March 30, 2023 By an email of January 30, 2023, the president and chief executive officer of the Lutheran Church Extension Fund—Missouri Synod (LCEF) requested, on behalf of the LCEF Board of Directors, an opinion on the following question: Background: Over the past year, LCEF has engaged in conversa- tion with another confessional Lutheran church body (not in al- tar and pulpit fellowship with the Synod) regarding the ability of LCEF to provide loans to its congregations, schools, and affiliated ministries (organizations akin to the recognized service organiza - tions of the Synod). Bylaw 3.6.4.4.1, addressing the use of LCEF assets, reads, “The assets of the Lutheran Church Extension Fund—Missouri Synod shall be used exclusively to provide financing and services for the acquisition of sites, for the construction of facilities, for the purchase of buildings and equipment, for operating expenses, for professional church worker education, for the residential housing needs of professional church workers, for promoting strategic min- istry planning and assisting in capital campaigns; and for other pur- poses approved by its governing board consistent with the ministry and mission of the Synod under policies approved by the Board of Directors of the Synod.” [emphasis added] Because lending to ministries of the other church body would re- quire the use of LCEF assets beyond the LCMS, clarity on the in- tended scope of Bylaw 3.6.4.4.1 and the authority of the Synod Board of Directors in that regard is being requested. Question: May the Synod Board of Directors, in exercising its authority under Bylaw 3.6.4.4.1, determine that a certain use of assets by LCEF is consistent with the ministry and mission of the Synod? (The instant “certain use” refers to the lending of LCEF assets “beyond the LCMS,” within another confessional Lutheran church body that is not in altar and pulpit fellowship with the Synod.) Opinion: The commission finds that the question, although appar- ently simple in form, requires a three-part analysis. The first question that must be answered is, Who interprets the Con- stitution and Bylaws of Synod? The answer is simple and found at Bylaw 3.9.2: “The Commission on Constitutional Matters exists to interpret the Constitution, Bylaws, and resolutions of the Synod. …” The second question is, What is “the ministry and mission of the Synod” as it relates to the scope of “other activities” to which as- sets of LCEF may permissibly be applied (Bylaw 3.6.4.4.1)? Most broadly speaking, this is asking, What is the purpose of the Synod? The purpose of Synod is found in the first Bylaw, under section 1.1, “Purpose of the Synod.” Bylaw 1.1.1: “Committed to a common confession and mission, congregations of The Lutheran Church— Missouri Synod join with one another in the Synod to support one another and to work together carrying out their commonly adopted objectives. The Synod is organized to work in support of and on behalf of [such] congregations to assist them in carrying out their ministries. …” Bylaw 1.1.1 (a): “The Synod functions in support of its member congregations. …” Bylaw 1.1.1 (b): “The Synod on behalf of its member congregations administers those ministries