Lawsuits
From The Encyclopedia of Mormonism
See this page in the original 1992 publication.
Author: Williams, Gerald R.
Church members are usually inclined to avoid litigation and to find less contentious ways of resolving differences that may arise. This inclination is based primarily upon teachings in the New Testament and the Doctrine and Covenants. The early experience of the Church added powerful reinforcements to scriptural condemnations of litigation. In the 1840s the Prophet Joseph Smith and other early leaders were obliged to defend themselves repeatedly against false charges. So oppressive were those charges that the Prophet at one time even said that he looked forward to the next life, where people would be reunited with their loved ones and where there "will be no fear of mobs, persecutions, or malicious lawsuits" (TPJS, p. 360).
The disparaging view of litigation begins with the Sermon on the Mount. Jesus taught his followers to settle disputes quickly and avoid court proceedings, to "turn the other cheek," and, if an adversary should obtain judgment against them in court to "let him have thy cloak also" (Matt. 5:25-26, 39-40). The apostle Paul condemned the practice that "brother goeth to law with brother, and that before the unbelievers" (1 Cor. 6:6). He counseled the Corinthian Saints to find a wise person from among them to judge the matter and, failing that, to suffer the wrong rather than to take it to legal authorities for a decision (verses 5-7).
More detailed instructions for dealing with offenses are contained in the Doctrine and Covenants, which counsels members to resolve their differences. But it also recognizes that some offenses are violations of criminal law that should be reported to civil authorities, while other categories of offenders should be dealt with by the Church (D&C 42:79-92). Instructions for Church disciplinary procedures are detailed (D&C 102:13-23).
When the main body of the Church was established in Utah in the mid-1800s, there was no civil authority, so Church courts exercised jurisdiction over secular as well as religious matters for the next several decades (see Courts, Ecclesiastical, Nineteenth-Century). However, following the establishment of civil courts, the need for Church courts diminished. They were formally discontinued in 1989 in favor of disciplinary councils.
Church courts never were intended to absolve members from the duty of resolving their disputes by reconciliation and mutual understanding whenever possible. Even when Church courts were available, members were regularly admonished to settle their conflicts by informal means and to avoid litigation. A typical example: "Be reconciled to each other. Do not go to the courts of the Church nor to the courts of the land for litigation. Settle your own troubles and difficulties" (J. F. Smith, GD, p. 257).
The preference for forbearance, forgiveness, and informal means of resolution of disputes, both among Church members and with people outside the Church, continues today, as shown by counsel given in a 1988 general conference of the Church: "We live in an environment of litigation and conflict, of suing and countersuing. Even here the powers of healing may be invoked" (G. B. Hinckley, Ensign 18 [Nov. 1988]:54).
[edit] Bibliography
Firmage, Edwin B., and Richard C. Mangrum. Zion in the Courts: A Legal History of the Church of Jesus Christ of Latter-day Saints, 1830-1900. Urbana, Ill., 1988.
GERALD R. WILLIAMS
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