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LCMS 2026 Convention Workbook: Reports and Overtures, PDF page 202

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 pub-
lished 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 mem-
bers” (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 “in-
structed 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 Lu-
theran 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 autho-
rize 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 descrip-
tion, 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 By-
law 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 dis-
tributing” 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 Syn-
od 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 conven-
tion 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 publish-
ing 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 cor-
poration 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 cer-
tain 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 adviso-
ry. 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 pre-
scribed 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-

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