Calling All Congregations: It is Time to Vote!

Amendments to the Constitution of the LCMS must have two-thirds of the votes of those congregations submitting a ballot in order to be ratified. Normally, the number of ballots returned is quite low. However, Amendment A (before the church at this time) is NOT a normal issue.

Bryan Cave Legal Opinion

Synod’s Board of Directors (BOD) majority created a need for Amendment A by trying to use the Bryan Cave legal opinion (which has never been made public) to grab the power to remove the President of Synod with or without cause. The BOD further maintained that the Cave opinion gave it  power even to overturn the rulings of the Commission on Constitutional Matters (CCM) which is authorized to interpret the Constitution and Bylaws of the LCMS. Why? Because the BOD majority did not like some of the CCM rulings and wanted to declare them “of no effect.”

During the Board of Directors’ open hearing at Synod’s July Convention, the BOD claimed that LCMS legal counsel, Mr. Leonard Pranschke, had had the opportunity to keep a copy of the Bryan Cave legal opinion after it was read at a Board meeting. However, when asked directly, the Board finally admitted that Mr. Pranschke was not given a copy until a week before the Convention! At a minimum, no effort was made by the Board majority to keep the legal counsel of the LCMS informed.

Two Options

Mr. Pranschke, on the floor of the Convention, summarized the two options available to the delegates:

1) We could vote to follow the generic laws of the state of Missouri, thereby giving absolute power to Synod’s Board of Directors, or 2) we could follow the legal exceptions for churches built into the state of Missouri’s law, as we have throughout our 157 years of church governance.

Delegates Support Constitutional Amendment

By a 780 to 322 margin, Convention delegates overwhelmingly supported Amendment A that now must be ratified by 2/3 of congregations voting in order to become part of the LCMS Constitution. The delegates understood what Northwest District President Warren Schumacher (Chairman of the Committee writing Amendment A) stated in the Reporter: that “it [Amendment A] would make clear that the Constitution is in agreement with the Synod’s Articles of Incorporation and Bylaws.” The delegates also voted that the Board of Directors’ decision to ignore the CCM opinions was “of no effect.” Many delegates and leaders of the church thought that we had found a peaceful solution to a conflict that threatened to split the LCMS.

Sadly, the peace was not long-lived.  People claim that Amendment A limits the traditional power of the BOD. A small group wants to change the governance of the LCMS. Not pleased by the Convention’s decision to preserve our historic governance, they want the Board of Directors to have ultimate power over the Synod. A group of pastors is working to secure votes against Amendment A.

Vote Yes for Amendment A

 To ratify Amendment A, two votes for the amendment  are needed for every one vote against it. Make certain that your congregation goes through the process to vote yes for Amendment A.  The deadline is February 16, 2005.