Official Workbook PDF page source text

2026 Convention Workbook 167

OFFICER, BOARD, AND COMMISSION REPORTS

bility to determine that every doctrinal statement made in its or any of its agencies’ or auxiliaries’ materials is in accord with the Scriptures and the Lutheran Confessions.” Bylaw 3.6.3 (d) reads, “All materials of a religious or theological nature shall be approved through the Synod’s prescribed procedure for doctrinal review before publication,” which specifically states that everything published by CPH that is of a religious or theological nature is subject to doctrinal review as described in Bylaw section 1.9. However, the bylaws provide three exceptions to the requirement of doctrinal review: The first is “study documents and exploratory material … published by boards, commissions, or other subordinate groups of the Synod,” so long as these are clearly marked as “being released for study and discussion purposes, etc.” (Bylaw 1.9.1.1 [b]; the commission intends to treat the scope of materials included in this exception in Op. 23-3010 and does not do so here). The second is “broadcasts over the Synod’s radio station by other than staff members” (Bylaw 1.9.1.1 [f]). The third is “official reports of the boards, commissions, task forces, and committees of the Synod prepared in response to directives of the Synod” (Bylaw 1.9.1.1 [g]).

Unless the material that is of a religious or theological nature falls under one of the three categories referenced above, it is subject to the process of doctrinal review as described in the Bylaws.

Question 5:

What dif ferentiates an “official report” under Bylaw 1.9.1.1 (g) from a study document or exploratory material or other work of general work of author - ship?

Opinion: See answer to Question 4. Bylaw 1.9.1.1 speaks for itself as to the distinguishing features of the various categories described.

Question 6: What qualifies as a “response to directives from the Synod” under Bylaw 1.9.1.1 (g)?

Opinion: See answers to Question 4 and Question 3, where “instructed by the Synod” is a comparable phrase.

Service of a Synod Congregation (23-3009)

Minutes of April 28–29, 2023 By an email of April 4, a district president requested an opinion on the following two questions:

Question 1: Is a congregation in violation of Constitution Article VI 3 and Bylaw 2.5.2 if it has as its worship leader a pastor, not called by the congregation, who is Lutheran and has promised to teach completely in line with Lutheran Church—Missouri Synod (LCMS)

teaching but is on neither the roster of the Synod nor that of a church body in altar and pulpit fellowship with the Synod?

Question 2:

Does a district president have the authority to authorize a pastor who is a member of a church body with which the LCMS is not in altar and pulpit fellowship to proclaim the Word and administer the Sacraments on a regular basis to a congregation of the Synod?

Background: Const. Art. VI lists the conditions of membership in the Synod. The first three of these conditions are pertinent for the questions raised, and read:

1.

Acceptance of the confessional basis of Const.

Art. II.

2. Renunciation of unionism and syncretism of every description, such as:

Question 1: What is the scope of “publishing and distribution services” to be provided by Concordia Publishing House (CPH), “for the agencies of Synod,” in Bylaw 3.6.3 (a)?

Opinion:

Bylaw 3.6.3

states the purpose of CPH and reads: “The purpose of Concordia Publishing House is to proclaim the Gospel of our Lord Jesus Christ. It shall serve the Synod and its agencies by developing, producing, marketing, and distributing products for use by members of the Synod, other Christians, and the public in general.” The terms “developing, producing, marketing, and distributing” products are intended to cover the full range of the steps in having a product prepared for use by the Church. In the case of any given product, the role of CPH might include all aspects or only one or two.

Bylaw 3.6.3 (a) reads, “It shall supply publishing and distribution

services for the agencies of the Synod as required, unless this is deemed detrimental to the agency involved.” Agencies of the Synod are defined in Bylaw 1.2.1 (a), which defines an agency as:

“An instrumentality other than a congregation or corporate Synod, whether or not separately incorporated, which the Synod in convention or its Board of Directors has caused or authorized to be formed to further the Synod’s Objectives (Constitution Art. III).”

Bylaw 3.6.3 does not describe CPH as the source for the publishing of all material by the Synod, but rather it serves the Synod as

required. What is required and offered by CPH will vary depending on the specifics of any given project of an agency.

Question 2:

What is meant by the phrase “published by the cor - poration” in Bylaw 3.6.3 (c)?

Opinion: Bylaw 3.6.3 (c) reads, “Unless otherwise instructed by the Synod, the Board of Directors of Concordia Publishing House shall determine what is to be published by the corporation.” “Published by” has its ordinary meaning; the term “corporation” in this bylaw refers to CPH as a synodwide corporate entity (Bylaw 3.6.1).

Question 3:

What is necessary to trigger the exception to the CPH board of directors’ exclusive discretion in the determination of what is to be published by the corporation stipulated in 3.6.3 (c) by the words “Unless otherwise instructed by the Synod”?

Opinion:

Bylaw 3.6.3

(c) reads, “Unless otherwise instructed by the Synod, the Board of Directors of Concordia Publishing House shall determine what is to be published by the corporation.” The phrase “instructed by the Synod” refers to a specific convention action, by which the convention may act directly (instructing a certain item to be published) or indirectly (directing the production of a work or a category of work under specified authority, to be published upon completion) or to a requirement that the Synod has adopted and placed in the Bylaws. For example, Bylaw 3.1.10.1 requires CPH to send the official Convention Proceedings to every congregation of the Synod and to all delegates, voting and advisory. Similarly, Bylaw 3.6.3 (a) requires CPH to “supply publishing and distribution services for the agencies of the Synod as required, unless this is deemed detrimental to the agency involved.” Question 4:

What is the scope of the approval required by the words “shall be approved through the Synod’s prescribed procedure for doctrinal review” in Bylaw 3.6.3 (d)?

Opinion:

The purpose of doctrinal review is described in Bylaw 1.9.1: “Doctrinal review is the exercise of the Synod’s responsi-