At its regularly scheduled meeting on September 14, 2003, the Voters Assembly of Christ Lutheran Church voted (with no dissenting votes cast) to memorialize the Synod in Convention to reverse CCM Opinions 02-2296, 02-2320 and 02-2309.

To Reverse CCM Opinions 02-2296, 02-2320 and 02-2309

WHEREAS, The Commission on Constitutional Matters (CCM) in response to the question, "May a District President who has acted in a matter after having received the advice and authorization of the Synodical President be charged under bylaw 2.27[1] for such act …?" issued its opinions 02-2296, 02-2320 and 02-2309[2]; and

WHEREAS, The Constitution and Bylaws of the Synod, and particularly Articles XI[3] and XII[4], and Bylaws 3.101[5], 4.71[6], 4.73[7], nowhere state that the synodical or district president may grant a synodical member immunity from Article XIII[8] and those bylaws pertaining to ecclesiastical supervision because a member took action "… with the full knowledge and approval of the appropriate ecclesiastical supervisor …"[9]; and

WHEREAS, CCM opinion 02-2309 moves beyond the questions asked by stating that the Synod may not take action "... to terminate the membership of its member who, when performing his/her official duties, follows the advice and counsel of the ecclesiastical supervisor designated by the Synod"[10]; and

WHEREAS, CCM opinion 02-2309 states that even if "... an act is in fact contrary to Article XIII of the Constitution, the member who has acted cannot be charged since he/she acted according to the advice of his or her ecclesiastical supervisor"[11]; and

WHEREAS, In stating these opinions, the CCM has amended Article XIII of the Constitution, since Article XIII makes no such provision for permitting any member to "...act contrary to the confession laid down in Article II and to the conditions of membership laid down in Article VI …"[12] if they have received counsel from their ecclesiastical supervisor permitting them to do so; therefore be it

Resolved, That Christ Lutheran Church memorializes Synod to declare the opinions of the CCM (02-2292, 02-2320 and 02-2309) in answer to these questions to be invalid and to have no standing in the Synod; and be it further

Resolved, That Christ Lutheran Church memorializes Synod to declare that the provisions for removal of a member from the Synod which are set down in Article XIII of the Constitution are to be followed when a member has acted contrary to the Confession laid down in Article II and/or the conditions of membership laid down in Article VI, notwithstanding the counsel or advice received from an ecclesiastical supervisor; and be it finally

Resolved, That Christ Lutheran Church memorializes Synod to overturn the opinions of the CCM in this matter, and affirm the Constitution and Bylaws noted and the Word of God upon which the Constitution and Bylaws are based.

Adopted, with no dissenting votes cast, by the Voters Assembly on September 14, 2003.

[1] 2001 Handbook, pp. 26-27

[2] Minutes, Commission on Constitutional Matters, January 20-21, 2003, numbers 114 and 115, pages 81-85

[3] 2001 Handbook, pp. 10-11

[4] ibid, pp. 11-13

[5] ibid, pp. 46-48

[6] ibid, pp. 87-89

[7] ibid, p. 89

[8] ibid, p. 13

[9] Minutes, p. 81, number 114, last paragraph

[10] ibid, p. 82, second last paragraph, last sentence

[11] ibid, last paragraph, second sentence

[12] 2001 Handbook, Article XIII, Section 1, p. 13 (see also Article II, p. 6, and Article VI, p. 8)