I believe that regardless of the outcome on the original matter, the very fact of the lawsuit creates more damage to the Church (and therefore to both sides of the Erskine controversy) than the dispute out of which the lawsuit arose.

The last week has seen tremors run through Erskine College, the Associate Reformed Presbyterian Church and the denominations related to the ARP. Since the actions of the ARP Synod at the beginning of this month, denominational news agencies, community newspapers and the internet have been filled with stories, comments, and speculation about Erskine College. Much ink has been spilled on what the consequences of the dispute will be. But the matter took an entirely new turn on late Wednesday afternoon, March 10, when a lawsuit was filed against the ARP in the office of the Clerk of Court for Abbeville, S.C. As soon as that lawsuit was filed, the character of the matter changed. It went from being a dispute in the Church to being a matter at law before a secular court. I believe that regardless of the outcome on the original matter, the very fact of the lawsuit creates more damage to the Church (and therefore to both sides of the Erskine controversy) than the dispute out of which the lawsuit arose.

The Apostle Paul was very concerned about the effect of Christians taking their disputes to a civil (as opposed to a church, or “ecclesiastical”) court. He voiced this concern under inspiration of the Holy Spirit to the church at Corinth in 1 Corinthians 6:1-8. This passage in 1 Corinthians has been the place where Christians have turned throughout the centuries to warn each other about the dangers of bringing conflicts and disputes into the civil legal system. This passage speaks so powerfully to the dangers of lawsuits among Christians that many have heeded Paul’s call to “rather suffer wrong…rather be defrauded” than to involve the State in disputes among believers. A good friend of mine and his Session took 1 Corinthians 6 so seriously that they voluntarily gave up their church building rather than file a lawsuit when they were compelled to leave their former denomination because of issues of Biblical fidelity. You might ask: How could they do that? Why would they abandon all they had worked for? They did it because they believed that the Lord meant what He said in 1 Corinthians 6 (yes, God is the author of all Scripture). They believed that He would bless them for valuing God’s Word more than material things. I have to say that the Lord has shown Himself faithful to that congregation, expanding their borders and providing a wonderful temporary home for them as they prepare to construct a new facility. God honors His Word. There is never any risk in following His Word.

But there is a risk in ignoring God’s Word. In the case of 1 Corinthians 6, I believe that there are three risks:

1. the Community of God is put at risk
2. the Parties themselves are put at risk, and
3. the Gospel is put at risk

The Community of God is put at Risk
The Church, as a community of God’s people, is called to be different from the world. Often this is described with reference to the Greek New Testament word for the Church – ekklessia. We see that word in our term “ecclesiastical,” or “pertaining to the Church.” Ekklesia means the “body of the called out ones,” the men, women and children who have been called out of the world into a new body – the body of Christ. The Church is not bounded by common ethnicity, common interest, or even common location. The Church is made up of people of all walks of life, all races, and all languages. The strong bond of the Church is that it is the place where the children of God, those redeemed by the Lord Jesus Christ, are found. There is a connection stronger than blood between believers in America, the Sudan, China and Korea (to name just a few places). The Church is not an organization, it is an organism, a living body that is united to Christ.

Because of this strong connection, there are many calls in the Bible for believers to love one another, serve one another and encourage one another. Paul calls the Church to exhibit Christ-likeness by “look[ing] not only to [your] own interests, but also to the interests of others” (Phil. 2:4). When Christians take their disputes outside of the Church, when they bring their “grievances against one another” to unbelievers to decide, there is an incalculable loss. What such a tactic does is to say to all the world, “we can’t figure out what is best here. We can’t come to a resolution without the help of the world.” It says that Christians are no different than anyone else who has no need for Christ. Have a dispute? Well, take it to court! That is the American Way, after all. We hear all the time how many lawyers there are in America (I will spare you the jokes I hear all the time). News report after news report informs us of how litigious America is. Among ordinary Americans, suing and being sued is expected, and it is almost a joke in itself. No one expects a good resolution, just a slow (and expensive) decision by which everyone must abide. Shouldn’t the Church be different? Shouldn’t it be a place where we look not only for a “solution,” but reconciliation?

What makes this even more troubling is that many in the civil court system seem to be getting the wisdom of applying Biblical principles in a secular context. They would not cite the Bible, but there are increasing calls for less litigation, less antagonism, less conflict. A whole new body of law, called “collaborative law,” is rising. Collaborative law is as untypical a way to resolve disputes as you could imagine in a court system. In collaborative law, the parties hire lawyers who promise not to be involved in a lawsuit. In fact, if the parties end up in litigation, the lawyers have already agreed that they will resign! The parties and their lawyers sign an agreement beforehand to negotiate in good faith to settle a legal matter without resort to a court’s imposing the resolution, to provide all relevant information and to engage only neutral experts and allied professionals to assist in resolving issues. No hiding information, no threats to sue. The goal is not just a resolution, but a resolution that avoids further pain and conflict. What does it say to a watching world when Christians are unwilling to place relationships before results?

The Parties themselves are put at risk
The risk of lawsuits, however, among believers is not limited to the harm it does the corporate body. There is also substantial risk to the believers involved in such lawsuits. When Christians resort to civil lawsuits to resolve a dispute, there is a loss to our character. Paul says in 1 Corinthians 6:7, “To have lawsuits at all with one another is already a defeat for you.” How can that be so? Doesn’t at least one party win a lawsuit? And yet Paul is saying that before the lawsuit is even decided, it is a “defeat.” No matter who wins, everybody loses. Part of the reason for the defeat is that civil courts do not have sufficient understanding of Biblical issues to resolve a dispute among believers. The proper judges of such matters are the “saints,” not the “unrighteous.” Paul uses unrighteous here to designate those who are not justified by the blood of Christ, not indwelt by the Holy Spirit. As a result, unbelievers are incapable of rendering just judgment in disputes among believers. There is a great risk then – to both parties in a dispute – of an incorrect judgment. One commentator pictures this by translating the phrase “before the unrighteous” (ESV) as “where there is questionable justice.” When Christians take disputes to court, they court disaster.

But it is not just the risk of a bad decision that arises when Christians go to court. There is a risk of a greater kind, a risk of moral failure. The word for “defeat” in this passage also has the connotation of moral failure. It is the same word used by Paul in Romans 11:12, when he describes the failure of Israel to believe on Jesus Christ, that led to the inclusion of the Gentiles. It is a failure that affects not only the dispute at hand, but all future matters. Relationships are damaged, trust in the Church to arbitrate is lost, and pain is increased. Calvin puts it well in his commentary on this passage: “we treat our brethren disdainfully, when we of our own accord subject them to the decisions of unbelievers.” The result for the one who initiates the suit and for the Church is shame, writes Paul (1 Cor. 6:5).

The Gospel is put at risk
The danger to the Christian community and to the parties involved in the dispute is not the greatest risk that occurs when a Christian takes another Christian to civil court. The most significant risk is the risk to the gospel. When Christians take their conflict publicly to the State, the entire notion of the gospel and its ability to heal and reconcile is brought into question. “If the gospel reconciles,” one might ask, “how is it that gospel people refuse to try reconciliation?” Unbelievers who observe such behavior in Christians will at best doubt the reality of the gospel, and at worst, judge it to be false and worthless.

The reality of the gospel is brought into question by lawsuits because outsiders cannot help but think that believers trust unbelievers more than the Church (the gospel community) to solve problems. Does the gospel make one wise? Lawsuits among believers answer the question (practically, if not formally) in the negative. How can the Christian tell his neighbor that Jesus Christ is the wisdom of God for all (1 Cor. 1:24, 30) when Jesus and His Church are not even enough wisdom for this dispute? How can the Church proclaim “with all wisdom, that we may present everyone mature in Christ” (Col. 1:28) when it does not have enough wisdom to advise in a dispute? How can individual Christians teach and admonish one another in all wisdom (Col. 3:16) when they cannot settle grievances without the aid of the State? This is a sad state of affairs, and tarnishes Christians, the Church and the gospel itself. Even more troubling is the opportunity that a lawsuit among Christians provides opportunities for those who are actively hostile to the gospel to degrade and mock the gospel. John Calvin describes the situation in this way: “disgrace is brought upon the gospel, and the name of Christ is held up as it were to the scoffings of the ungodly.”

What is the Solution?
Does this mean that Christians are meant to be perpetual punching bags? Is there no way to resolve conflict among believers without giving in all the time? Surely justice is a part of God’s character as well, isn’t it? These are good questions that deserve an honest answer. When Paul is advising Christians against taking brothers to civil court, he is not pretending that conflict never occurs. He is not assuming that there is no avenue for resolving legitimate disputes. In fact, Paul is assuming that there will be conflict, and that Christians need conflict solvers! It is not a matter of the civil courts or nothing. It is a choice of whether Christians will trust the body of Christ to resolve “intra-family” disputes in a God-honoring way. Paul’s complaint is not that Christians seek resolution of conflict, but that they do so in a way that precludes “the saints” from judging (1 Cor. 6:1). The saints are perfectly capable of judging disputes – after all, they will judge the world and angels (1 Cor. 6:2-3).

Practically, this means that when Christians find themselves in conflict, they should seek out Christian mediation. Within the Church, this is found both informally and formally. Informally, the first principles of Matthew 18 are a great benefit to believers. Going to your brother to be reconciled and to seek resolution to conflict is the path of peace and accountability. Seeking help from the body of believers to come alongside you and encourage peacemaking shows wisdom in following our Lord’s dictates. In a formal sense, the Church acts through its courts (at the local level as well as broader levels) to resolve disputes. Finally, there are Christian organizations such as Peacemakers Ministries (www.hispeace.org) that apply Biblical principles of peacemaking (including 1 Corinthians 6) to assist Christians in resolving conflict. These types of Christian alternatives are not perfect, but they are the Lord’s means of resolving conflict and avoid the great risks posed by lawsuits to the Christian community, the parties to a dispute and the gospel itself.

Rev. Fred Greco is the Senior Pastor of Christ Church PCA in Katy, TX (suburban Houston) and is an former practicing corporate attorney.