Judge tosses Baptist lawsuit but issues remain

JEFFERSON CITY, Mo. -- Although a judge has dismissed the Missouri Baptist Convention's lawsuit seeking to force back into the fold five church institutions that declared their independence from the state group, the matter could be revived by a different set of plaintiffs.

Cole County Circuit Court Judge Thomas J. Brown III threw out the case on March 11, ruling that the convention, as an unincorporated association, has no legal capacity to sue. Brown also said that six Baptist churches listed as co-plaintiffs had no legally recognized interest in the case.

Citing the convention's constitution, however, Brown's written decision indicated that individual convention members, known as messengers, could have legal standing to sue the breakaway institutions.

Brown dismissed the case with prejudice, which bars the original plaintiffs from pursuing the matter further. However, the possibility remains that individual messengers could raise the same legal claims in a new lawsuit.

Convention officials referred questions to their attorney, who could not be reached for comment Thursday.

The convention filed suit in August 2001 after five Baptist institutions each unilaterally amended their corporate charters to establish their independence from convention oversight. The institutions are Missouri Baptist College in St. Louis, the Baptist Home in Ironton, Windermere Conference Center in Camden County and the Missouri Baptist Foundation and the Word and Way newspaper, both based in Jefferson City.

The convention claims it retains the right to govern the organizations since they hold a combined $200 million in assets resulting from the longtime financial support of convention members.

mpowers@semissourian.com

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