"Why Congregations Should Consider Leaving the LCMS"
In May of 2004, the LCMS Commission on Constitutional Matters (CCM) ruled
that District Presidents do not have to follow proper channels in LCMS
congregational constitutions.
This ruling nullifies the autonomy the LCMS Constitution promises all member
congregations in Article VII 1. "In its relations to its members the Synod
is not an ecclesiastical government exercising legislative or coercive
powers, and with respect to the individual congregation's right of
self-government it is but an advisory body. Accordingly, no resolution of
the Synod imposing anything upon the individual congregation is of binding
force if it is not in accordance with the Word of God or if it appears to be
inexpedient as far as the condition of a congregation is concerned."
(Handbook 2004 page 14)
In May of 2004, the CCM ruled that all its decisions are binding on all
congregations. "An opinion rendered by the commission shall be binding on
the question decided unless and until it is overruled by a synodical
convention." CCM (04-2385)
In May of 2004 the CCM also ruled that District Presidents do not have to
follow congregational constitutions.
No congregation may join the LCMS without first submitting a constitution
that is approved by the District.
In other words, the CCM ruled that District Presidents do not have to follow
"proper channels" in congregational constitutions even though the Districts
approve these constitutions as follows:
"The Bylaws do not define the term 'proper channels' and thus the procedure
to be used in the investigation [of a congregation] is chosen by the
District President or his representative and does not necessarily require
the initial contact or meeting to be with any particular person or group
[named in the congregational constitution.] In such an investigation, any
meeting is to carry out the purposes as set forth in these Bylaws." CCM
(04-2387)
The CCM allows the District President to circumvent the Voters' Assembly and
any constitutionally named board or office when dealing with a congregation.
After admittance to the LCMS in 1921, Redeemer Lutheran Church withdrew from
the LCMS on September 13, 2004 because CCM (04-2387) is binding on all LCMS
congregations.
The Redeemer Voters' Assembly also wrote the following communication to
Michigan District President William Hoesman and LCMS President Gerald
Kieschnick:
"Redeemer will seek immediate readmission to the LCMS when the Synodical
President and the Council of Presidents sign the following statement:
We the undersigned [District Presidents] agree that all LCMS congregations'
constitutions, elected officers, elected boards, voters' assemblies, and
pastors are the only proper channels through which the Synod, District, and
Circuit Counselor will communicate to, or confer with member congregations,
or exercise the Synod's authority as stated in the 2001 Handbook.
We the undersigned will not meet with or recognize any other group or
individuals, or dissident groups, claiming to speak for or to represent
member congregations who are not recognized in an LCMS congregation's
constitution."
Michigan District President William Hoesman refused to respond to Redeemer's
above statement that he received in a registered letter.
President Gerald Kieschnick, in behalf of the Council of District
Presidents, sent the following reply on Nov 29, 2004:
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Redeemer Evangelical Lutheran Church
30003 Jefferson Avenue
Saint Claire Shores, MI 48082
Dear Brothers and Sisters in Christ:
Greetings in the Name of Jesus Christ, Savior of the world and Lord of the
universe, through whom alone we receive forgiveness, life and salvation!
"The members of the Council of Presidents and I are in receipt of your
letter of September 13, 2004, and have given it careful consideration. We
have reviewed your request that the President of the Synod and the Council
of Presidents sign a statement contained in your letter, including a number
of agreements and rejections.
Regarding your requests that relate to the official opinions of the
Commission on Constitutional Matters of the Synod, it should be noted that
such opinions are binding unless and until they are overturned by a
convention of the Lutheran Church - Missouri Synod. The recently concluded
62nd Regular Convention of the LCMS did not overturn the referenced CCM
opinions. They are, therefore, still binding on the members of the Synod.
The members of the Council of Presidents have no authority, constitutional
or otherwise, to change the decision of a convention of the Synod.
God's grace, mercy, and peace be to you!
Sincerely yours, in Christ,
The Council of President, The Lutheran church- Missouri Synod
Dr. Gerald B. Kieschnick, President
Rev. C. William Hoeman, President of the Michigan District LCMS
Dr. Raymond Hartwig, Secretary
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In the above letter Kieschnick claims all CCM rulings are binding on LCMS
congregations. He fails to mention that he has appointed four of the five
men who serve on the CCM.
Kieschnick claims that the 2004 Convention decided not to overturn CCM
(04-2387). On the surface this sounds credible, except for the fact that
only a hand full of delegates even knew that CCM (04-2387) existed. Also,
as chairman of the Convention, Kieschnick is the one who decided no requests
for review of any CCM rulings came from any floor committee to the
Convention.
Kieschnick and the Council of District Presidents have made a farce out of
Article VII of the LCMS Constitution's guarantee of congregational autonomy.
They claim they are bound to follow CCM rulings that nullify LCMS
Constitution Article VII.
Any congregation that remains in the Synod must be prepared to belong to a
District that functions like a Diocese, where the District President/Bishop
can disregard proper channels, articles, or bylaws specified in any
congregational constitution at will.
Redeemer Lutheran Church is not prepared to surrender its autonomy to the
CCM and the Council of District Presidents.
It must also be remembered that the pastor of any congregation who leaves
the Synod over a disagreement with a CCM ruling will be immediately removed
from the Synodical Roster as was the pastor of Redeemer Lutheran Church.
Synodical fellowship is now based on agreement with CCM ruling.