To Restore Direct Voting by Congregations to All Changes in, and Amendments to, the Synod’s Constitution and Bylaws

Preamble Self-governance by The Lutheran Church—Missouri Synod (LCMS) congregations is a fundamental and historical principle of how we as congregations come together as a Synod and walk together. Over the years, our governing documents (Constitution and Bylaws) have changed from unanimous congregational consent by each individual congregation to a representative determination through convention. This change alters the role of the individual congregations and deprives them of a direct vote in the structure of their governance. Self-governance is more than control over what we do as individual congregations internally; it is how we as collective churches relate. This overture seeks to restore the right of all congregations to exercise self-governance over changes in Synod governance.

Rationale The founders of the early LCMS, especially C.F.W. Walther, were very protective of the self-governance of the individual congregations, so much so that the Synod’s first Constitution could only be changed through the unanimous approval of all congregations. The self-governance of our LCMS congregations is a fundamental and historical principal of how we as congregations come together as the Synod and how we are “walking together.” Over the years,our governing documents have been changed to shift the self-governance by the individual congregations to representative determinations by the Synod in conventions.

• Constitution ArticleXV2–3 requiresatwo-thirds vote of the convention to send any constitutional amendment to the congregations for ratification. Conversely, one-third of the convention delegates can deny any proposed amendment from reaching the congregations.

• Bylaw chapter 7, “Amendments to Bylaws” allows all changes and amendments to the bylaws to be solely decided by the convention, there by completely circumventing congregational approval. This governance is contrary to the Synod’s founders view of self- governance which is expressed in the first Synod Constitution of Changes in and additions to the constitution may be made if they are not contrary to the propositions set forth in the second article of the present constitution and if all members of Synod, at the order of their congregations, to whom the matters have been presented a year in advance, unanimously adopt them. All proposed changes must be presented one year in advance to all congregations, and the vote for the changes must be unanimous. This expression by the Synod’s founders shows that self- governance is more than control over what is done as individual congregation; it is how the Synod as collective churches relate. Therefore be it

Resolved, That henceforth all changes to the Synod’s Constitution and Bylaws will be decided by direct vote to all member congregations; and be it further

Resolved, That Const. Art. XV be amended as follows: Article XV Changes in, and Amendments to, the Constitution 1. … writing to the Synod assembled in convention, and each proposed change shall be voted on separately. A two-thirds majority of all votes cast shall be necessary for adoption. submitted to the congregations of the Synod by means of three announcements in the official periodical within three months after the close of the convention. 42.…

and be it further

Resolved, That Bylaw chapter 7 be amended as follows:

PRESENT/PROPOSED WORDING 7.1Amendments to the Bylaws may be made using one of two procedures, provided they are not contrary to the Constitution of the Synodof the Synod shall be submitted directly to each voting congregation of the Synod on an official ballot, and the congregations shall by official action express their affirmative or negative vote and indicate the same to the Secretary of the Synod on this official ballot. The proposed amendment shall become effective at the expiration of six months from the date on which the amendment is submitted for vote, provided a majority of the votes cast within that period shall have favored the amendment. At the end of the six-month period the Secretary of the Synod shall announce the outcome of the voting by districts in the official periodical of the Synod.

7.1.1 Amendments may be made by conventions of the Synod.

(a) They shall be presented in writing to a convention of the Synod.

(b) They shall be specified as by law amendments and considered by a convention floor committee.

(c) They shall be examined by the Commission on Constitutional Matters prior to presentation to the convention to determine that they are not in conflict as to content with the Constitution and Bylaws of the Synod.

(d) They shall be examined by the Commission on Handbook prior to presentation to the convention to determine that they are in agreement in language (terminology) with the current Handbook.

(e) They shall be adopted by the affirmative vote of a majority of the delegates present and voting.

7.1.2 In exceptional circumstances and upon the express direction of a convention of the Synod, amendments may be made by a two-thirds majority of the Board of Directors.

(a) Such amendments to the Bylaws shall be necessary to implement resolutions adopted by a convention of the Synod.

(b) Such amendments shall be drafted by the Secretary of the Synod and shall be reviewed by the Commission on Constitutional Matters and the Commission on Handbook.

and be it finally

Resolved, That the Secretary of the Synod shall be responsible for implementing this task.