The legal action against Second Baptist Church of Houston isn’t dead yet — although it is hanging by a thread.
Jeremiah Counsel, the group of church members who filed suit against the leadership of the megachurch over governance changes, has filed a second motion for partial summary judgment and a motion for reconsideration, rehearing or a new trial.
At first, it appeared the case was settled with a July 15 ruling by Texas Business Court Judge Grant Dorfman, who dismissed the case by appealing to what’s called the “ecclesial abstention doctrine.” This is a legal precept that secular courts cannot adjudicate matters of internal church governance and theology.
The plaintiffs charged the defendants — Ben Young, Ed Young, Lee Maxcy and Dennis Brewer — of conspiring to steal church assets and take away the congregation’s right to choose its own pastor. They accuse Young of enacting a series of changes beginning in 2023 “to secure the ascendance of his son, Ben Young … as senior pastor to Second Baptist’s 94,000 congregants.”
While Judge Dorfman did, in fact, toss most of the case, his ruling left one unresolved issue that Jeremiah Counsel now has grabbed onto. That is the legality of changes made to the church’s articles of incorporation — which are separate from the contested bylaws.
The mixed ruling leaves the articles of incorporation and the bylaws in conflict with each other over how official leaders of the corporation are elected or appointed. Jeremiah Counsel contends the disputed articles of incorporation should override changes made to the bylaws. If that’s true, the prior governing board — and not the small group handpicked by the pastor — would have ultimate authority.
While this challenge is a legal longshot, a ruling in the members’ favor would undermine everything about the governance changes made.
“This situation is untenable and presents a dispute over who controls, and may enter valid transactions involving, Second Baptist assets, including real property,” the new filing says.
A hearing has been set for Oct. 19.
Related:
Lawsuit against Second Baptist Houston tossed out
Why you should care about the Second Baptist Houston lawsuit | Analysis by Mark Wingfield