By Baptist Message staff
WASHINGTON (LBM) – Fifty former and active leaders with the Southern Baptist Convention as well as Baptist state conventions, associations and local congregations across the country have signed an amicus brief asking the U.S. Supreme Court to hear former Baptist Convention of Maryland/Delaware executive director Will McRaney’s lawsuit against the North American Mission Board of the Southern Baptist Convention.
McRaney alleges that NAMB interfered in his employment with the BCMD, resulting in his termination, and afterward influenced other Baptist groups not to hire him.
NAMB has claimed various defenses, including “ministerial exception,” which is also known as the “ecclesiastical exemption doctrine” – a historic legal precedent which prevents the government from interfering in matters of faith and doctrine as well as religious governance, which includes employment disputes.
The signers of the “friend of the court” brief assert that the key doctrine of Baptist polity is at stake, “church autonomy” which emphasizes freedom from hierarchy in relationships between Baptist bodies.
They shared that “Baptists lack any ecclesiastical forum empowered to adjudicate disputes between autonomous Baptist Bodies.” Thus, a civil court is needed “to resolve ordinary civil wrongs by legally separate entities when adjudication does not require deciding questions of faith, doctrine, or ecclesiastical governance.”
BACKGROUND
In April 2017, McRaney filed his lawsuit against NAMB in Mississippi state court. However, NAMB successfully argued to move the case to federal court, specifically the U.S. District Court for the Northern District of Mississippi, which found “this case would delve into church matters” per the “ecclesiastical abstention doctrine” (also known as the church autonomy doctrine) and dismissed the case on April 24, 2019.
McRaney appealed that ruling to the 5th U.S. Circuit Court of Appeals, and a three-judge panel within it (Stephen Higginson, Barack H. Obama appointee; Kurt Engelhardt, Donald J. Trump appointee; Edith Clement, George W. Bush appointee) ruled unanimously in McRaney’s favor stating, July 16, 2020, that “many of the relevant facts have yet to be developed” and that it was not clear the lawsuit would require the court “to address purely ecclesiastical questions.”
The appeals court panel sent the case back to the district court and instructed it to determine “(1) whether NAMB intentionally and maliciously damaged McRaney’s business relationships by falsely claiming that he refused to meet with [NAMB president] [Kevin] Ezell, … (2) whether NAMB’s statements about McRaney were false, defamatory, and at least negligently made, …; and (3) whether NAMB intentionally caused McRaney to suffer foreseeable and severe emotional distress by displaying his picture at its headquarters … .” The panel also conceded that if further proceedings showed the issue was one of “interpreting religious procedures or beliefs,” the district court should consider NAMB’s motion to dismiss.
In response to this setback from the three-judge panel, NAMB requested (August 2020) a hearing before the full 5th U.S. Circuit Court of Appeals (i.e. an en banc hearing) but was denied by a 9-8 vote (November 2020). NAMB subsequently appealed (February 2021) to the U.S. Supreme Court which denied (July 2021) NAMB’s petition to review the circuit court’s ruling.
The case was then remanded to the U.S. District Court for the Northern District of Mississippi, which in August 2023 granted NAMB’s request for a summary judgment and dismissed McRaney’s lawsuit, stating that proceeding with the case would require impermissible inquiry into religious matters – thus setting up McRaney’s second petition to the 5th U.S. Circuit Court of Appeals and now his appeal to the U.S. Supreme Court.
SIGNERS (excerpt from amicus brief)
Randall Adams Ph.D., Director and Senior Bible Teacher, Capitol Ministries, Washington, D.C.; Executive Director and Treasurer, Northwest Baptist Convention (2013–2025); Church Outreach Team Leader, Baptist General Convention of Oklahoma (2004–2013)
Grant Arinder, Pastor, Bridgeway Church, Starkville, MS; Executive Committee Member, Mississippi Baptist Convention; Executive Committee Member, Golden Triangle Baptist Association
Bill Barker, Pastor, Wolffork Baptist Church, Rabun Gap, GA (2019–present); Associational Missions Director for the Rabun County Baptist Association (2020–2023); NAMB National Missionary to Appalachia and the Mississippi River Delta (2001–2017)
Alex Barrett, Pastor, Ridgeview Church, Fontana, CA.
John Batts, former Pastor, First Baptist Church, Clear Lake, WA; former Trustee, Southern Baptist Convention Executive Committee; former Member, Southern Baptist Convention Nominating Committee
Joel Breidenbaugh Ph.D., Executive Director of Missions, Greater Orlando Baptist Association, Orlando FL; Pastor, Gospel Centered Church, Apopka, FL; President, Florida Baptist Convention Pastors Conference; Associate Professor of Preaching and Pastoral Ministries, Liberty University; holds a Ph.D. in Christian Preaching from Southern Baptist Theological Seminary with a minor in Baptist History
Jimmy Brumfield, layperson and leader, former First Baptist Church, Jackson, MS; Member, First Baptist Church, Madison, MS
Jim Brunk, Pastor, Cookson Baptist Church, Cookson, OK; former Associational Mission Strategist, Baptist General Convention of Oklahoma; former Director of Missions, Grady Baptist Association
Dr. Tom Buck, Senior Pastor, First Baptist Church of Lindale, Lindale, TX (2006–present); former Senior Pastor, Riverside Baptist Fellowship, New Port Richey, FL; doctorate from Southern Baptist Theological Seminary, Louisville, KY
Harold B. Bullock, Senior Pastor, Hope Church, Fort Worth, TX (1978–2020)
Ken Cavey, Pastor, Bethel Baptist Church, Ellicott City MD; former NAMB missionary; former staff, Baptist Convention of Maryland-Delaware; Moderator, Flat River Baptist Association; former Trustee, Golden Gate Seminary
Bruce M. Conley, Director of Missions, Blue Ridge Baptist Association, Boonsboro, MD
Randy Covington, Director, Capitol Ministries North America; former Executive Director and Treasurer, Alaska Baptist Resource Network Jimmy Crosby, former President, Jacksonville Baptist Theological Seminary, Jacksonville, FL; Member, First Baptist Church, Starke, FL
Steve Dennis, Pastor, Fellowship Bible Church, Muscogee, OK; Moderator, Muskogee Baptist Association, Muskogee, OK
Joe Flegal, former Director of Evangelism & Church Health, Northwest Baptist Convention, Vancouver, WA
Russell Fuller, Ph.D., former Professor of Old Testament (tenured), The Southern Baptist Theological Seminary
Warren Gilpin, Pastor, First English Baptist Church, Frostburg, MD
Dr. Bobby Gilstrap, Executive Director, Michigan Baptist Convention (2011–2014); Executive Director, Stone Mountain Baptist Foundation (2016–2020); Associational Director of Missions, Huron and Southeastern Baptist Associations, Michigan (2001–2010)
Adrian W Hall, transitional interim Pastor; retired Evangelism Director, Northwest Baptist Convention
Thomas Hardy, Pastor, Peninsula Baptist Church, Portland, OR
Dr. Jeff Hessinger, Senior Pastor, Eagles Nest Baptist Church, Fruitland Park, FL; Pastor, First Baptist Church, Thompson Falls, MT; former Associational Missionary Strategist, Southeast Arkansas Baptist Network; former evangelism staff, Florida Baptist Convention
Dr. S. Grant Hignight, Associational Mission Strategist, Mercer & Thomas County Baptist Associations, Thomasville, GA
James Bo Holland, retired Church Planting Director, Oklahoma Baptist Convention; retired Associate Director, Tulsa Metro Baptist Network
Donna Jefferys, retired Executive Assistant and Officer Manager, Baptist Convention of Maryland/Delaware; Member, The Church at Covenant Park, Columbia, MD
Dale Jenkins, retired Pastor, Airway Heights Baptist Church, Airway Heights, WA; former Trustee, Southern Baptist Convention Executive Committee; former President, Northwest Baptist Convention
Macy Langan, Member, East Pickens Baptist Church, Pickens, SC
David Leavell, Ph.D., Pastor, Faceville Baptist Church, Bainbridge, GA; Executive Board Member, Mid-South Baptist Association; former Executive Board Member in five Baptist associations; Executive Board Member, Tennessee Baptist Convention; former President, Tennessee Baptist Convention; Trustee, New Orleans Baptist Theological Seminary
Daniel A. Lee, Pastor, Bethel Baptist Church, Greenville, SC; active in Three Rivers Baptist Association
Rod D. Martin, J.D., former Executive Committee Member, Southern Baptist Convention; Founder and Chief Executive Officer, The Martin Organization, Inc.; Member, Conservative Baptist Network
Pat McCoy, Executive Committee Member, West Virginia Convention of Southern Baptist; Pastor, South Berkeley Baptist Church, Inwood, WV (2016–present); Church Planter, NAMB; American Association of Christian Counselors
Tom Melzoni, Senior Vice President, Horizons Stewardship, Cabot AR; former Senior Executive Pastor, First Baptist Church, Dallas, TX; former Pastor, Central Baptist, Oak Ridge TN; Chair, Committee on Resolutions, Southern Baptist Convention (1988)
Gus Nelson, Detman Law PSC; University of Virginia Law School (1988); ordained Baptist preacher and current Bible teacher
Dan Panter, Pastor, McKenzie Road Baptist Church, Olympia, WA; President of the Northwest Baptist Convention (2021–2023)
Rick Patrick, Pastor, First Baptist Church, Sylacauga, AL; former Moderator, Bessemer Baptist Association, Bessemer AL; former Trustee, Alabama Baptist State Board of Missions
Dennis Phelps, Pastor, Coronado Baptist Church, Hot Springs Village, AR; formerly J.D. Grey Professor of Preaching, New Orleans Baptist Theological Seminary; Chair, Committee on Resolutions, Kentucky Baptist Convention (2003)
Dr. Timothy Pigg, Director, Conservative Baptist Network; Lead Pastor, Fellowship Church, Immokalee, FL; Adjunct Faculty, Northeastern Baptist College, Bennington, VT; Church Planting Trainer, NAMB
Chris and Judy Riley, Members, Island Church, Tierra Verde, FL
Robert D. Rodgers, retired Vice President and Chief Financial Officer, SBC Executive Committee
Martha and Bill Salters, Members, Park Place Baptist Church, Pearl, MS
William Schmautz, Pastor, East Valley Baptist Church, Spokane Valley, WA; former Moderator and Chair of Missions Committee, Inland Empire Baptist Association
Dr. Clint E. Scott, Senior Pastor, Hilltop Baptist Church, Green River, WY
Mike Stone, Pastor, Emmanuel Baptist Church, Blackshear, GA; Chairman, SBC Executive Committee (2018–2020); President, Georgia Baptist Convention (2017–2018)
David L. Thompson, former NAMB Trustee and Chairman of the Church Planting Division of NAMB (1999–2009); Secretary Treasurer, Southern Baptist Convention (Pastor’s Conference) (2006); Pastor of North Pointe Community Church (1999–2014), Nashville TN
Hadley Thompson, lay leader, Director of Family Ministries in Greenville Community Church (Baptist Church)
Ben Trigsted, Pastor, First Baptist Church Castle Rock, WA; Vice President, Northwest Baptist Convention
Alton K. Vandevender, lay leader and Member, Riverside Baptist Church, Pascagoula MS
William Wolf, Executive Director, Center for Baptist Leadership
Steve Wolverton, Pastor, Canton Baptist Church, Baltimore, MD; former Trustee, Baptist Foundation, Baptist Convention of Maryland/Delaware
Tim Yarbrough, Executive Director and Editor, Arkansas Baptist News (2010–2020); Church Relations Director, North American Mission Board (2002–2010); Communications Director, Missouri Baptist Convention (1995–2002); former Program Editor, Southern Baptist Brotherhood Commission (1989–1995)
