The Second Baptist Church Houston lawsuit entered a new phase Friday as Jeremiah Counsel Corporation filed two motions asking a Texas Business Court judge to reconsider portions of his July 15 ruling and determine whether the church’s current governing board was validly appointed and has the legal authority to govern the church

HOUSTON — Jeremiah Counsel Corporation filed two motions Friday asking a Texas Business Court judge to reconsider portions of his July 15 ruling in the Second Baptist Church Houston lawsuit and determine whether the church’s current governing board was validly appointed.

The filings carry out the plans Jeremiah Counsel Director Douglas Y. Bech described during a July 23 interview with Katy Christian Magazine. At the time, Bech said the organization intended to seek rehearing before pursuing an appeal.

Jeremiah Counsel filed a second motion for partial summary judgment along with a motion for reconsideration and rehearing or, alternatively, a new trial. Both concern rulings issued by Judge Grant Dorfman of the Business Court of Texas, Eleventh Division.

“The most consequential question—who has the lawful authority to govern Second Baptist Church—remains very much alive,” Jeremiah Counsel said in a statement provided Friday.

Dorfman’s July 15 opinion invalidated an amendment to Article V of Second Baptist’s articles of incorporation because the church did not provide members with the written notice required under Texas law. The ruling left the earlier charter provision in effect, including language stating that the church corporation shall have six trustees.

The same ruling upheld the church’s 2023 bylaws, which eliminated congregational voting and replaced the former Board of Trustees with a Ministry Leadership Team. The MLT serves as the church’s board of directors under the new governance structure.

Jeremiah Counsel now argues that the two governing documents are inconsistent. According to the organization, the surviving charter provision requires six trustees, while the bylaws eliminated those positions and established a different board selected under the authority of church leadership.

Under Texas law, provisions in a nonprofit corporation’s certificate of formation control when they conflict with its bylaws. Jeremiah Counsel is asking Dorfman to find that the current MLT was not lawfully constituted and therefore lacks authority to govern Second Baptist.

The court has not ruled on that request.

Jeremiah Counsel also contends that the former Board of Trustees remains the church’s proper governing body. The organization said the former trustees do not intend to retain control permanently. If recognized by the court, they plan to establish a process through which Second Baptist members would elect a new six-person Board of Trustees, consistent with the number identified in the 1928 charter.

The new trustees would be independent members of Second Baptist, according to the statement. Once elected, they could consider expanding the board, but additional trustees would also be elected by church members.

Jeremiah Counsel said members would receive advance notice of the nominees and information about their qualifications before voting. The proposed board would also prepare new or amended bylaws restoring congregational voting rights.

“At stake is who has the lawful authority to govern Second Baptist, who controls the millions of dollars its members faithfully give, whether those leaders must account for how that money is spent, and whether members will regain their right to elect those entrusted with oversight of their Church,” the organization said.

The latest filing follows a mixed decision for both sides. As Katy Christian Magazine’s July 17 report on the ruling explained, Dorfman upheld the 2023 bylaws and dismissed most of Jeremiah Counsel’s claims, including allegations that members were misled about what the May 31, 2023, vote would accomplish.

The judge concluded that examining whether the stated purpose of continuing to operate as a “biblical church” was misleading would require the court to enter constitutionally protected religious territory.

The ruling did not resolve every part of the case. In addition to invalidating the attempted charter amendment, Dorfman allowed Jeremiah Counsel’s claim for an accounting to continue. That claim seeks access to certain financial records under provisions of Texas nonprofit law.

Jeremiah Counsel said Friday that it remains concerned about declining attendance and the amount of church funding directed toward worship, discipleship and evangelism. The organization claims approximately 7% of the current budget is allocated to those areas and said the former trustees would seek to increase support for missions and other ministries. Katy Christian Magazine has not independently verified the attendance or budget figures included in the statement.

Second Baptist previously described the July 15 decision as a favorable ruling. Senior Pastor Ben Young said the church was “deeply grateful,” while Jay Sekulow of the American Center for Law and Justice, which represents Second Baptist, said questions of church governance belong to the church rather than civil courts.

Jeremiah Counsel disputed that characterization Friday, pointing to the invalidated charter amendment and the surviving accounting claim as evidence that the litigation remains active.

The lawsuit began after the May 31, 2023, business meeting at which Second Baptist members approved new governing documents. The bylaws ended member voting on the selection of pastors and board members, future amendments to governing documents and other major church decisions. Katy Christian Magazine first reported on the lawsuit and members’ concerns about access to the bylaws in May 2025.

Our July 28 follow-up detailed Jeremiah Counsel’s planned request for rehearing, its objections to Dorfman’s analysis and its proposal to return the selection of trustees to church members.

Dorfman has not scheduled a hearing or ruled on the new motions. Additional proceedings, including a trial on disputed issues or an appeal, may be required before the lawsuit reaches a conclusion.

Feature photo by Giammarco Boscaro on Unsplash