Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Podcasts
    • Stuck in the Middle With You ↗
    • Madang with Grace Ji-Sun Kim ↗
    • Highest Power: Church + State ↗
    • Non-Disclosure: The Silenced Stories of Kanakuk Kamps Survivors ↗
    • Change-making Conversations ↗
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Associated Baptist Press Foundation
    • Planned Giving
    • Advertising
    • Ministry Jobs
    • Subscribe
    • Submissions and Permissions
Donate Subscribe
Search Search this site

Judge won’t amend lawsuit against Missouri agencies

NewsABPnews  |  April 7, 2004

JEFFERSON CITY, Mo. (ABP) — A Missouri judge, who recently dismissed a lawsuit against five Missouri Baptist agencies, won't allow the plaintiffs to amend the suit.

Judge Thomas Brown, who ruled March 11 that the Missouri Baptist Convention Executive Board and six of the convention's churches did not have legal standing to file the original lawsuit, ruled April 7 that the convention officials could not amend the lawsuit to make individual “messengers” the plaintiffs.

Instead, the convention will file a new lawsuit that names messengers — those individuals authorized to participate in the once-a-year Baptist convention — as plaintiffs, according to convention attorney Michael Whitehead. “If the judge won't allow us to amend under one case number … we'll proceed with a case naming messengers,” he said. The pastors of at least five of the plaintiff churches will be named as plaintiffs in the new filing, he added.

Meanwhile, Whitehead said, the convention will appeal Brown's latest ruling, meaning both lawsuits will be in the court system at once. “That's the complexity we were hoping to avoid” by amending the suit, said Whitehead, a Kansas City attorney. He insisted both convention messengers and the Executive Board have a right to represent the annual convention. Clyde Farris, an attorney representing Missouri Baptist University, appealed to the convention to abandon the case. “It is the defendants' hope and desire that those who have brought this suit, instead of spending more money and creating more acrimony trying to get someone else to file a new suit or appealing this decision, will now work with these Baptist institutions for the goals that are in the common interest of Missouri Baptists…,” Farris noted. “Too much time and money has been wasted.”

The Missouri Baptist Convention voted in 2002 to sue five institutions that amended their charters to elect their own trustees and remove themselves from convention control — the Word & Way newspaper, Missouri Baptist University, Windermere Baptist Conference Center, the Missouri Baptist Foundation and the Baptist Home retirement home system. Previously, the institutions' trustees had been nominated by a convention committee and elected by messengers to the convention's annual meeting.

Because the Missouri Baptist Convention itself is an unincorporated association under Missouri law, convention leaders decided to name the Executive Board and six sympathetic churches as the plaintiffs.

But Brown, in his March ruling, said the convention's constitution and bylaws “are not ambiguous” and “the members of the Missouri Baptist Convention are individuals called 'messengers.'” He said the churches and Executive Board do not count as “members” of the convention under its own governing documents.

Convention attorneys had argued that the constitution and bylaws are unclear as to what constitutes a “member.”

In his April 7 ruling, Brown, a Cole County circuit judge, noted that because the Executive Board and six named churches “are not members of the Missouri Baptist Convention, they do not have, and have never had, any legal right to litigate the claims….” Because the plaintiffs do not have standing, the court has no jurisdiction and could not grant permission to amend the lawsuit.

The judge also noted that the Executive Board does not have standing to bring the litigation on the convention's behalf because it “does not have a legally protectable interest” in the case.

The judge also clarified that his March 11 ruling that effectively dismissed the original lawsuit applied to all six agencies, not just Missouri Baptist University, as some presumed.

-30-

Share this:

  • Share on X (Opens in new window) X
  • Share on Threads (Opens in new window) Threads
  • Share on Facebook (Opens in new window) Facebook
  • Print (Opens in new window) Print
  • Email a link to a friend (Opens in new window) Email
  • Share on Bluesky (Opens in new window) Bluesky
  • More
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on Reddit (Opens in new window) Reddit
  • Share on Tumblr (Opens in new window) Tumblr
  • Share on Pinterest (Opens in new window) Pinterest
  • Share on Telegram (Opens in new window) Telegram
  • Share on WhatsApp (Opens in new window) WhatsApp
Tags:Archives
More by
ABPnews
  • Get BNG headlines in your inbox

  • Check out our podcasts

     

     

    Stuck in the Middle
    With You

     

    Madang
    With Grace Ji-Sun Kim

     

     

    Highest Power
    Church+State

     

     

    Non-Disclosure:
    The Silenced Stories
    of Kanakuk Kamps Survivors

     

    Change-making
    Conversations

     

     

  • Politics • Faith • Resistance: by Greg Garrett

    BNG interview series on the state of faith, politics and resistance in our nation.

    See also Greg’s series on Politics, Faith and Mission

     

  • Featured

    • Islamophobia is the next bogeyman

      Opinion

    • The Black Church cannot remain America’s emergency moral infrastructure

      Opinion

    • We are manna

      Opinion

    • Webinar explores religious context of America’s Founders

      News


    Curated

    • Staunch Israel critic and Gaza trauma surgeon Adam Hamawy wins NJ-12 primary

      Staunch Israel critic and Gaza trauma surgeon Adam Hamawy wins NJ-12 primary

    • Elderly Christian Among 31 Sentenced In China Church Crackdown

      Elderly Christian Among 31 Sentenced In China Church Crackdown

    • In U.F.O. Files, Some Christians See Vexing Questions — and Demons

      In U.F.O. Files, Some Christians See Vexing Questions — and Demons

    • Christian theologians react to the pope’s ai warning

      Christian theologians react to the pope’s ai warning

    Conversations that Matter.

    © 2026 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS
    • 129