LCMS Convention Workbook St. Louis, Missouri — 2026, Page 271

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

THEOLOGICAL DOCUMENTS­­—COMMISSION ON THEOLOGY AND CHURCH RELATIONS

271

R62.12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46

President of Synod Request for Opinion on Lawsuits between Christians or Members and
Institutions of Synod
The Request of the Synod President
In correspondence dated November 12, 2024, the President of Synod requested that the CTCR
respond to the following questions:
1) Given what the CTCR has said in its 1991 document concerning Christian lawsuits [1
Corinthians 6:1-11: An Exegetical Study], is it biblically valid, and under what circumstances,
for a Christian to file a lawsuit against another Christian? Or for a member or institution of
Synod to file a lawsuit against another member or institution of Synod?
2) What guidance might the Lutheran Confessions give concerning this issue, particularly the
role of good order in the church (Augsburg Confession 15) and the church’s participation in the
left-hand, civil realm (Augsburg Confession 16)?
In 1991, the CTCR published 1 Corinthians 6:1-11: An Exegetical Study in response to a 1990
request from the Praesidium to study “the whole matter of Christian brothers proceeding against
one another in civil courts particularly in the light of 1 Corinthians 6 and other related passages.”
The President of Synod has asked that the CTCR consider how that more narrowly focused
exegetical study might apply in actual practice to lawsuits between individual Christians,
members of Synod, and institutions of Synod (or any combination thereof), as well as what the
Lutheran Confessions might add to those considerations. The opinion of the Commission
follows.
The Response of the CTCR
The CTCR’s 1991 document, 1 Corinthians 6:1-11: An Exegetical Study, focused primarily on
the meaning of the passage in question, starting with the context of the Corinthian church, the
context of 1 Corinthians 6 itself, and the exegetical and practical considerations of the passage.
The summary position of that brief report was that lawsuits among Christians should be urged
against and avoided whenever possible on the basis of the New Testament’s strong admonition.
The concern of the passage is that Christians seeking legal recourse against another Christian
through the secular legal system (rather than within the fellowship of the church) run the risk of
overlooking the spiritual dimensions of the conflict, thereby damaging the fellowship within the
body of Christ.
Disputes between Christians are always a concern for fellow Christians, who will do
everything possible to resolve them and to restore broken or damaged relationships
caused by them. Because of their unique position as members of the body of Christ,
especially if members of the same church body, they have a responsibility to deal with
these matters. In fact, when the church allows its members to run to the secular courts
with problems between Christian brothers and sisters and imposes no check on such
action, it is derelict in its duty. Every dispute which occurs among Christians, even the

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46

smallest dispute, includes aspects that are spiritual in nature. The secular law and the
secular court, which are established on the basis of the wisdom of the world, are not in a
position to judge the fundamental spiritual issues which are always involved. (13)
The study cautions against Christians taking legal action against other Christians because of the
potential for spiritual harm done in the process, largely due to sinful motivating factors (e.g.,
greed, anger, revenge, self-seeking defense of “rights”) that may be at work and to the scandal it
may cause both within the church and in the sight of the unbelieving world (see the guidelines at
16-17). Significantly, however, the report does not assert that Scripture absolutely or
categorically prohibits the use of the legal system by Christians, even when suing other
Christians. The Commission believes the reasons for the report’s conclusions and argumentation
merit further attention and commentary in light of the present question.
First, the lawsuits identified by 1 Corinthians 6 are between individual believers in a local
congregation. According to the CTCR study, Paul is “speaking of the action of one Christian
against (pros) a fellow Christian” (15). In the passage, the singular “brother” (adelphos) is used
to describe the parties to a dispute. “When one (singular) of you has a grievance against another
(singular)” (1 Cor. 6:1). “Brother (singular) goes to law against brother (singular)” (1 Cor. 6:6).
The CTCR adds: “The original context in which St. Paul addressed the Christians at Corinth
involved disputes among members of the congregation and may well have been motivated, at
least in part, by the scorn and ridicule cast by the non-Christians upon the body of believers who
were apparently unable or unwilling to resolve their disputes among themselves” (15). These are
individual Christians within a congregation who are at odds with one another and who are taking
their grievances outside the fellowship of the church to be addressed by the courts, rather than
seeking to resolve those disagreements within the church. The concern Paul expresses here is for
the divisiveness such lawsuits may occasion within the congregation, as well as the damage it
may cause to its witness in the community. What 1 Corinthians 6 does not seem to have in view
are groups of Christians participating in lawsuits against other groups of Christians, let alone
inside a broader denomination or church body, or between denominations or church bodies.
However, this does not exempt corporate entities from the principles articulated in this passage
that sternly caution Christians against entering into suit against other Christians.
Second, Christians should seek to resolve potential legal conflicts with other Christians
within the church. Since the passage has in mind individual Christians seeking legal recourse
against other individual Christians, there should always be an attempt by representatives of the
church to mediate the dispute. One would hope that reasonable Christians might be found to
mediate between Christians, as St. Paul clearly has in mind in v. 5b (“Can it be that there is no
one among you wise enough to settle disputes between brothers?”). Again, the CTCR study
states:
Because of the spiritual insights which they have and are expected to exercise, Christians
are uniquely qualified to assess problems among themselves and to resolve them. This
does not mean that each Christian possesses unique natural abilities for dispute resolution
or that others, including non-Christians, may not be in a position to provide assistance in
such matters. However, Christians have the mind of Christ. This is their uniqueness, and
the church should be able to identify persons best qualified to serve to assist in resolving

1

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

conflicts between fellow Christians. For this reason, it is “shameful” to take ecclesiastical
matters to civil courts. (16)
For instance, The Lutheran Church–Missouri Synod has adopted bylaws that expressly govern
dispute resolution within the Synod (2023 LCMS Handbook Bylaw 1.10). This process aims at
reconciliation between parties and involves personal conversation, panels of reconcilers to
consider a dispute case, appeals of those decisions, and review panels, among other bylawmandated processes. In most cases, especially those not of an allegedly criminal nature, every
effort should be made to resolve disputes at the congregational or church body level. Members of
the Synod agree to follow the processes spelled out in the synodical bylaws that endeavor to
bring about reconciliation within our shared biblical, confessional, and ecclesiastical parameters.
Third, 1 Corinthians 6 does not categorically preclude Christians from filing lawsuits in
civil courts against other Christians, especially in cases of clear impropriety, illegality, or
criminal behavior. Not only may this be justified, but actually preferred to simply ignoring a
potential wrong or an injustice. As the Commission put it in the 1 Corinthians study,
The legal system by which order is maintained is a gift of God not to be despised. It may
be used properly for certain purposes. The statements in 1 Corinthians 6 are not to be
understood as absolute prohibitions against the use of courts by Christians. When the
legal system is used and when action is motivated by reasons other than those such as
identified below, the use may not only be appropriate but may be of benefit to both
Christian and non-Christian. In addition and more specifically, Christians may indeed
have a responsibility, if not a duty, to pursue, on behalf of any fellow human being in
need of help, legal action against others (whether or not they are Christian) (e.g., in
Christians’ capacity as guardians, trustees, parents or other fiduciaries on behalf of their
ward, beneficiary, child or charge). (16)
That is, whether a civil case or a criminal case, it may be necessary for Christians to file lawsuits,
even where the suit is brought against a fellow Christian. The 1991 study poses a number of
potential scenarios: a Christian banker against a Christian property owner who defaults on a loan,
a church worker unjustly denied service in the church, a falling out between joint Christian
business owners, among others. However, there is also a sense in which simply participating in
the legal system may mean one is at odds with another Christian. Can Christians not file lawsuits
of any sort on the off chance that the suit may implicate another Christian? Can Christians fight
traffic tickets if the ticketing officer is a Christian? Can they protest unjust civic action or city
codes in court if the city manager or mayor or councilman are also Christians? Can Christians
defend themselves in a court against criminal allegations if the district attorney is a Christian?
That is to say nothing of court cases involving more nefarious and objective wrongs, such as
sexual assault or domestic abuse. The simple fact is that 1 Corinthians does not have in mind the
prohibition of any and all use of secular courts by Christians. There are innumerable occasions
when the Christian may (and, in fact, should) responsibly and virtuously use secular courts, even
against fellow Christians.

2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46

Fourth, Christians should not pursue legal action out of sinful motivation, which may come
with great consequences for their own spiritual lives, the fellowship of the church, and their
witness to the world. Though the use of the courts by Christians may be licit, whoever
participates in the legal process—individually or corporately—should bear in mind the
motivation for pursuing legal action. Just because Scripture does not prohibit an action expressly
does not mean it should be done. In many even permissible cases, it may be in the best spiritual
interests of the Christian not to sue. The 1991 study puts it this way: “The motive for taking legal
action is more critical than the action itself. Action taken by one Christian against another, which
has at its root motivations of greed, anger, revenge, the desire strictly to defend one’s own rights,
or similar causes which are incompatible with the Christian faith, is always wrong” (16).
Moreover, “Christians recognize that taking fellow Christians to court in a spirit of greed,
revenge, etc., is a cause of offense and undermines the effect of the Christian witness to the
world” (17). That is, there can be a positive use of the court and there can be a negative use of
the court. A positive use, as noted above, may entail filing suit regarding something unjust,
whether the party culpable for that injustice is a Christian or a non-Christian. A negative use,
however, involves participating in any legal action that is cause or opportunity for sin, even
against a non-Christian. It is not only the fellowship of the body that Scripture seeks to protect
with moral injunctions like that of 1 Corinthians 6. It also warns against that which might inhibit
the fruit of the Spirit or the exercise of Christian virtue. Christians should reflect upon their own
personal motivations and the spiritual implications of appealing to the courts. It may be better to
endure fiscal injury than to sully the witness of the church and to deny the selflessness compelled
by our Lord when he calls us to carry our cross (Matthew 16:24). Though an action may be
permissible does not necessarily mean it is right. As St. Paul reminds us elsewhere in First
Corinthians, “All things are lawful, but not all things are helpful. All things are lawful, but not all
things build up” (1 Cor. 10:23). This applies as readily to corporate entities as it does to
individual Christians.
Fifth, Christians may in certain cases neglect their left-hand responsibilities by not utilizing
secular laws and legal courts to which they are subject as citizens of the left-hand, temporal
realm. We ordinarily define the left-hand realm as that which relates to the protection or defense
of life and property, which are governed by civil authorities such as the courts. Any number of
aspects of the church’s life exist in this left-hand realm and are subject to civil laws and
regulations. In its 1995 report on church and state, the CTCR described this consideration in
detail:
But the church is also a social organization—in the Missouri Synod, congregations,
districts, and Synod. While it is tempting to assume that these groupings are synonymous
with that church defined by Word and sacrament, they actually have one new
characteristic: they are also institutions of the temporal kingdom. They usually
incorporate, adopt constitutions and by-laws, and conduct business according to Robert’s
Rules of Order. While the church of the Word is not subject to civil law, since even in
totalitarian societies that Word can still be preached or read “underground” and cherished
in faith even in the isolation of a prison cell, the church as an institution of society is
subject to civil law. The church as institution can be created and abolished, it can sue and
be sued [italics added], and it can address other legal entities, including government,
regarding its institutional interests or concerns. (Render unto Caesar, 66).

3

4

2026 Convention Workbook