Summary: Why can't a Christian sue another Christian? And can a Christian take a non-Christian to court? And how should a lawyer who is Christian handle lawsuits?

In 1910, a man named Olaf Olavson was desperate for cash, so he sold his body to an institute in Sweden to be used for medical research after he died. But in 1911, he unexpectedly inherited a fortune and decided to "buy himself back." To his surprise, the institute wouldn't cooperate. Shocked by this, Olavson flatly refused to donate his body so the institute actually sued for breach of contract. The court found that - not only did Olavson owe his body to the Institute, but since he'd had 2 teeth removed without the Institute's permission, Olavson had illegally tampered with their property. (Uncle John's 4th Bathroom Reader, p. 39)

We live in the United States of America – perhaps the most law-suit happy nation in the world. In 2016 it was reported that The US had 1,315,561 Licensed Lawyers. We have more lawyers per capita than any other nation in the world. Over 70% of the world’s lawyers live in the US and the US is one of the top 5 nations when it comes to lawsuits. (https://www.clements.com/sites/default/files/resources/The-Most-Litigious-Countries-in-the-World.pdf)

This is totally irrelevant to the sermon, but guess where the largest percentage of lawyers per population is in the US? Washington D.C.. They have 784 lawyers for every 10,000 residents. Compare that to Indiana where we have 28 lawyers per 10,000 residents. (http://www.denniswpottslaw.com/united-states-attorneys-map/)

Now doesn’t that just warm your heart? Of course, you have to ask yourself: why are there so many lawyers in America? The answer: Americans are a people who have “rights” and they so firmly believe in their rights that – if someone violates those rights, does them damage or offends them – they’ll sue. They intend to have “justice” if someone doesn’t respect their rights.

When it comes to the courts, many people believe in the saying: “An eye for an eye, and a tooth for a tooth.” In the play “Fiddler on the Roof” one of the villagers says to the Tevye (the lead character) “An eye for an eye, and a tooth for a tooth.” To which Tevye replies: “Very good. That way the whole world will be blind and toothless.”

Now that sets the tone for our sermon this morning. Paul writes the church at Corinth (which apparently had its own share of lawyers) “When one of you has a grievance against another, does he dare go to law before the unrighteous instead of the saints?” (1 Corinthians 6:1) Apparently some of the Corinthian Christians had indeed been taking their brothers to court … and God wasn’t happy about it.

But now, why would God be unhappy? I mean - doesn’t God believe in justice? Well of course He does. Our God is a just and righteous and holy God. In fact we know about right and wrong and about justice… comes from God.

God believes in justice… but He’s more committed to mercy. And if you think about it, that’s a good thing because if we truly got justice from God - if you and I got what we deserved – we’d go to hell. So demanding what we deserve is probably NOT a good idea.

But again I ask: why doesn’t God want us to take fellow Christians to court? Well, 1st – it’s bad for our witness. Paul writes: “… brother goes to law against brother, and that before unbelievers” 1 Corinthians 6:6

Now, let’s back up for a minute and ask ourselves: what is the purpose of the church? Why does the church exist? Jesus said our purpose was to “… make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit” (Matthew 28:19). In other words the church’s purpose is to reach out to UNbelievers. And Jesus even said our best tool for this purpose was this: “By this all people will know that you are my disciples, if you have love for one another.” John 13:35

So, if that’s true, tell me: are lawsuits a good witness if Jesus said people would know us by our love? I DON’T think so!

So 1st – taking fellow Christians to court isn’t good for our witness. And 2ndly – if we take Christians to court we declare to world that we don’t trust God or His church. Paul writes: “do you not know that the saints will judge the world? And if the world is to be judged by you, are you incompetent to try trivial cases? Do you not know that we are to judge angels? How much more, then, matters pertaining to this life! So if you have such cases, why do you lay them before those who have no standing in the church? I say this to your shame. Can it be that there is no one among you wise enough to settle a dispute between the brothers,” I Corinthians 6:2-5

Think about that for a moment – when Jesus comes again God is going to trust you and I with judging the world and judging the very angels of heaven. That’s pretty heavy stuff. But why would He entrust us with something like that? Well because we will have experience that will guide us in that day: We’ll have a deep knowledge of His GRACE and MERCY and FORGIVENESS. Do you know why? Because you’ve all sinned and you’ve all experienced first-hand his grace and mercy and forgiveness.

Thus (as we mature in Christ) we become trained in God’s kind of thinking. What that means is that if you have a conflict with a Christian brother or sister, you’re going to have a better chance of getting a fair hearing at church than you will at court.

By contrast, if you take your case to before a worldly judge it’s like tossing dice or spinning the wheel as to whether you’ll get a fair hearing because the worldly judge may not know Jesus or even care about God. And unless the judge and lawyers are godly persons… you could be in trouble.

ILLUS: A few years back there was movie called Civil Action which told true story of a lawsuit. A lawyer named Schlichtmann who represented some working-class families in a lawsuit against some large industrial polluters contaminating the water supply of Woburn, Mass.. But things didn’t turn out well. The court case went on for 9 LONG years and expenses mounted so fast that Schlichtmann lost his Porsche and condo and filed for personal bankruptcy. Now that wouldn’t have been so bad if they’d won… but they didn’t.

The judge (in a questionable ruling) barred the PARENTS of the leukemia-stricken children from testifying at trial. And the jury, its hands tied by the judge’s instructions and denied access to important evidence, ended up ruling against the families on key parts of their suit. A year or so later, the EPA later found the companies liable and ordered them to help pay a $70 million cleanup.

Schlichtmann was so devastated that he quit law, moved to Hawaii, and opened up a business there. But a few years later he returned to practice law and represented 8 families whose homes had been built on land where toxic wastes had been dumped by the Colonial Gas Co.. The residents were already suffering from heart and lung trouble caused by the chemicals, and they were worried about even more serious health effects from long term exposure.

Now years before, Schlichtmann would have rushed to file a multi-million dollar lawsuit, commissioned elaborate expert studies, and took scores of depositions. But having suffered through the previous lawsuit he tried a different tack. He entered into a 3 way mediation with Colonial Gas and state regulators. After only 6 months of negotiation, the parties worked out a $2,750,000 settlement where Colonial (without admitting liability) agreed to buy the families’ homes, pay damages and clean up the site. In 6 months his clients received financial compensation compared to the 9 years it took for Schlichtmann to lose the previous case and receive nothing for his clients. (Time 1/18/99 p. 76)

Now that story tells us 2 things: 1st – lawsuits don’t always turn out real well. Just because you think you have right on your side doesn’t mean you’re going to win. 2nd – what Schlichtmann did in the 2nd case DID work… and you know why? Because it was Biblical.

Jesus said: “If your brother sins against you, go and tell him his fault, between you and him alone. If he listens to you, you have gained your brother. But if he does not listen, take one or two others along with you, that every charge may be established by the evidence of two or three witnesses. If he refuses to listen to them, tell it to the church. And if he refuses to listen even to the church, let him be to you as a Gentile and a tax collector.” Matthew 18:15-17

This is called mediation/arbitration. Jesus spelled out how you should do things WITHIN the church. This is how Jesus expects us to handle things with believers we are in conflict with.

1. You talk FIRST to the person who offended you and try to work things out. Notice the goal of that action: gaining your brother. Lawsuits have an entirely different objective. Courts are generally an act of adversarial combat where your objective is destroy your opponent and win what is “rightfully” yours.

2. But if going to your brother privately doesn’t work, Jesus says we should take a couple witnesses with us. That way you can establish that you tried to deal with the problem in a loving and humble way.

3. If that doesn’t work, Jesus says you are to take the matter to the church, and if the offending brother refuses to abide by the decision of the church, THEN you can take him to court IF YOU REALLY MUST because now he’s not a brother. He’s become (to you) as a Gentile/tax collector. They’ve REFUSED to listen to the church and they are no longer safe from legal action.

But even then… I’d think twice about it. Lawsuits are dangerous tools. They’re kind of like a shotgun. Shotguns are dangerous weapons that can hurt people around you if you don’t know what you’re doing. If you really must go to court (we’ll talk about that in a little bit) you’ve got to be very careful in how you do it.

The point is (as Christians) we should NOT be taking Christians to court.

ILLUS: Now I’m going to take a couple moments to tell you a story about your Elders. I’m going to brag on them. About 3 years ago we started building this worship center you’re sitting in. We’d hired a contractor from a neighboring town who was a godly man who attended a church in that community. He was good at his job and soon the foundation had been laid, the walls had been erected and the work crew was placing the trusses in place that would support the roof. One by one, the trusses were attached to the walls and connected to each other… but just as they were putting the last truss in place a strong gust of wind came out of nowhere and knocked that truss down, and that truss collapsed against the next truss and against the next truss – like a row of dominoes until all the lumber lay on the ground and the walls had been warped and damaged (fortunately, no one on the work crew had been seriously hurt).

It was an expensive disaster - but we had insurance! We turned in our claim and the insurance company investigated the incident. Despite the fact that this was what is called “an act of God” the insurance company told us that while they would pay for the damage they would first sue the contractor. I’m still furious at that insurance company, but the contractor was even more troubled. This would cripple his business. Fortunately he was dealing with your Elders. They decided that suing him was out of the question – it violated the principles found in I Corinthians 6. Instead they had a meeting with the contractor and offered a solution to the mess. They’d pay half of the damages if we would swallow the other half.

I’ve never been so proud of a group of Elders as I was of those men on that day.

Now I want to digress for a moment. This past week as I was mowing my grass a thought came into my mind: What if I were a Christian lawyer/ judge… what would I do differently than a non-Christian? When I was a boy I wanted to be a lawyer (Perry Mason was my hero) but then I was told some of the things trial lawyers had to do… and I didn’t like what I was hearing.

ILLUS: I asked this question (what would a Christian lawyer or judge do) of people on FB and one of the most interesting replies I received was this one: “I have a friend who's an attorney. When we talked about defending criminals, and whether or not it's okay for a Christian to defend a guilty person, he said his Christian profs (Regent University) said that THE ONLY ETHICAL POSITION for an attorney is to represent a client wholeheartedly. That doesn't mean that the attorney doesn't sometimes recommend settling for less than everything, but if it's not possible to represent with that 100% attitude, then don't represent at all. That probably applies to civil as well as criminal cases.”

I understand that statement. That phrase “the only ethical position is a common defense for the activities of lawyers… but I’m convinced that explanation misses something. That statement presupposes that the lawyer’s allegiance is first and foremost to his client. But if you’re a CHRISTIAN lawyer – is that true? No, it’s not. If you’re a Christian lawyer your allegiance HAS to be to God.

Jesus said “Seek ye first the kingdom of God and His righteousness… ” (Matthew 6:33). That has got to be true if you’re a Christian who’s a lawyer, a doctor, a plumber, a contractor, or the guy who picks up the garbage from the curb every week. Thus, the ONLY ETHICAL POSITION for an attorney who is a Christian is to be the one who asks: “What would God have me do?”

Any lawyer whose 1st priority is to file a lawsuit without trying to work things out; any lawyer whose 1st priority is to file a divorce for their client without requiring counseling; IS NOT acting ethically as a Christian. They are not doing what God would have them do. Now, that lawyer may not make as much money as the pagan lawyer… but they will be standing for God and His righteousness rather than personal rights and mortal revenge.

SO - the Bible is very clear - a Christian taking a Christian to court is not acceptable. But now… does that mean that Christians shouldn’t go to court about anything? Well, that’s not what I Corinthians 6 is saying. That passage is only saying that our restriction with regard to lawsuits is ONLY about Christians vs. Christians.

So, does that mean I can take a NON-Christian to court? Yes… under certain conditions.

First – a Christian in court should reflect his/her God. They should remember who they belong to and act accordingly. The Apostle Paul, for example, found himself in court on a number of occasions (not because he wanted to be most of the time) and every time he was in court he behaved as a Christian. He even preached to the judge and the jury and the courtroom. Why? Because his first priority was to represent his God even in the court room.

2ndly, there IS a restriction in Romans 12:19 “Do not take revenge, my friends, but leave room for God’s wrath, for it is written: ‘It is mine to avenge; I will repay,’ says the Lord.” What that means for us in this case is: don’t go to court to seek revenge. It’s not your job to seek revenge – and it rarely reflects your faith to do so. Besides, if you’re looking for revenge, let God do that– He’s better at it.

Third, there’s a passage in Proverbs that is burned into my memory: Proverbs 25:26 “Like a muddied spring or a polluted fountain is a righteous man who gives way before the wicked.” What that’s saying is: when you see someone or something under attack from the unrighteous – and you set back and do nothing – your faith is worthless. You become polluted and tasteless and worthless before God.

One of the tools our government has granted us to combat evil and unrighteousness is the lawsuit (again, it is a tool to be used with great caution). You CAN use the courts for to protect and defend something or someone that is being attacked by wicked people… just understand you might lose. The following stories are lawsuits that I personally regard as justified. It is my hope that they sought to work things out with the people and then sought arbitration before taking the matter to court, but here are their stories:

ILLUS: Back in 2007, a school district in San Diego ordered that a teacher remove banners from his classroom walls that included mottos and slogans promoting what school officials consider a "Judeo-Christian" viewpoint. Among these banners: "In God We Trust" (the official motto of the United States); “One Nation Under God" (a phrase from the Pledge of Allegiance); "God Bless America" (the title of a patriotic song); "God Shed His Grace On Thee" (a line from a popular patriotic song); and an excerpt from the preamble to the Declaration of Independence, “All Men Are Created Equal, They Are Endowed By Their Creator.” The teacher filed a lawsuit (and I’m afraid I don’t know how it turned out).

(Jim Brown OneNewsNow.com May 4, 2007)

ILLUS: In 2002 a woman in Detroit was threatened with eviction from her apartment because she had a sign in her window that said “24 Hour Prayer Station”. There were other signs that were allowed: such as "God Bless America" and "Santa Stops Here" but apparently the owners of the apartment complex were offended with hers.

However, after being threatened with a lawsuit by a religious civil liberty law firm called Liberty Counsel --- they reconsidered and did not evict here.

(Charisma News Service Update for Tuesday, June 25, 2002)

ILLUS: In 2010 the Eastern Michigan University removed a Christian student from its graduate program in school counseling over her belief that homosexuality was morally wrong. The school said she attempted to refer a homosexual client to another counselor because she could not condone the client's homosexual behavior. The school expelled her from the program unless she went thru remediation so that she could "see the error of her ways" and change her belief system about homosexuality. She sued for reinstatement BUT LOST… despite of the fact that referrals based on "value conflicts" are a legitimate part of counseling practice. A religious legal defense group called Alliance Defense Fund appealed.

(Family Research Council, FOXNews.com)

Let me repeat, lawsuits are legitimate avenues of dealing with the wickedness in this world and must never be used lightly or in a way that would detract from our witness for Christ. But, even then, we must always realize that God’s way has always been to try to resolve problems peacefully and without anger.

CLOSE: In a book by J. Wallace Hamilton "THUNDER OF BARE FEET" we’re told of a sheepman in India whose neighbor's dogs who were killing his sheep. Ordinarily in India, sheepmen usually counter that problem with lawsuits, or barbed wire fences or even shotguns. But this man tried something different.

He started giving lambs to his neighbor’s children as pets, and in due time - when all his neighbors had their own small flocks, and they began to tie up their dogs. That put an end to the problem.

That’s essentially what God did for us. We were His enemies. Justice called for us to be brought before his throne for punishment. But God so loved US so much that He gave us His only begotten Son… a spotless lamb without blemish or fault, so that we might fall in love with Him in the same was as those families in India fell in love with sheepman’s gifts of lambs.

INVITATION