RICO Suit Dismissed Without Prejudice; Sutton Turner Reveals Mars Hill Church Global Fund Figures

The RICO lawsuit against Mars Hill Church was dismissed without prejudice.  The plaintiffs have not lost their rights to sue again. From the order (read it here):

The court finds that Plaintiffs have not acted in bad faith, recklessly, or with an improper purpose. Accordingly, in light of the court’s duty to carefully exercise its inherent powers, the court declines to impose the drastic sanctions Defendants seek. See Hearns, 530 F.3d at 1132 (noting drastic nature of sanction of dismissal with prejudice); Chambers, 501 U.S. at 44 (noting courts must exercise inherent powers with restraint). Mr. Turner’s allegations about Plaintiffs’ behavior in filing this case, apparently adopted by Mr. Driscoll (see Driscoll Mot. at 3), are conclusory at best and do not demonstrate that Plaintiffs have acted improperly. Merely filing a complaint alleging RICO violations for Defendants’ part in the alleged misuse of Plaintiffs’ donations to MHC does not constitute bad-faith conduct, even if the allegations case Defendants in an unfavorable light. (See Turner Mot. at 9-10.) In addition, Plaintiffs’ complaint is not frivolous on its face (see generally Compl.), and there is no evidence other than Defendants’ conclusory allegations that Plaintiffs filed this suit merely to harass and disparage Defendants (cf. Turner Mot. at 4 (arguing that Plaintiffs’ failure to serve “can lead to only one conclusion. . . . The Plaintiffs and their counsel sought to harass, disparage, and defame Mr. Turner through the public act of filing a lawsuit”)). Furthermore, Plaintiffs refute this allegation, stating that they “never had a desire for retribution nor to harass [Mr.] Turner or [Mr.] Driscoll.” (Resp. at 6.) Plaintiffs also did not act in bad faith by publicizing the case to garner support for their cause. Finally, Plaintiffs’ failure to raise the necessary funds to fully litigate their suit before filing it, Plaintiffs’ counsel’s failure to respond to Mr. Turner’s offer to accept service, and Plaintiffs’ failure to dismiss their claims of their own accord after the 90-day window for service had passed are not so far outside the bounds of acceptable litigation conduct that Plaintiffs should be sanctioned. Simply put, Plaintiffs have done nothing to “defile the very temple of justice.” Haeger, 813 F.3d at 1244 (internal quotations and alterations omitted) (quoting Chambers, 501 U.S. at 46). Plaintiffs have not committed any acts that indicate bad faith, recklessness, or an improper purpose.

For these reasons, the judge dismissed the suit without prejudice:

Based on the foregoing analysis, the court GRANTS in part and DENIES in part Defendants’ motions to dismiss (Dkt. ## 4, 7). The court DISMISSES Plaintiffs’ claims without prejudice.
Dated this 25th day of August, 2016.
JAMES L. ROBART United States District Judge

According to Brian Jacobsen, the plaintiffs would consider moving forward again if funds were available.
Even after he left Mars Hill Church, Sutton Turner was told by Mars Hill lawyers that he shouldn’t reveal how much Mars Hill spent from their Global Fund on missions. Now he has done so.

Mars Hill Global

Mars Hill Global began in 2009 to raise money from the global audience (those who listened via podcast) to help fund the mission of Mars Hill Church: “Making Disciples and Planting Churches.” Until late 2011, Mars Hill had not significantly funded international church planting but was heavily invested in US church planting. From 2009 to 2012, Mars Hill spent $8.6M in U.S. church planting and $170k outside of the U.S.
When I joined Mars Hill in 2011, I built relationships with the Kale Hewyott Church in Ethiopia to train church planters there. My passion for Ethiopia (which existed before I arrived at Mars Hill) began to dominate the message of Mars Hill Global. In hindsight, I see how many believed that the only reason Mars Hill Global existed was to fund Ethiopian church planting.
When people started to question the distribution of funds given to Mars Hill Global, the church brought in ECFA and independent auditors, Clark Nuber. Both groups gave Mars Hill a clear opinion that the church had done nothing wrong. In spite of these findings, we felt led to send 3765 emails and 6000 letters to 100% of donors to Mars Hill Global from 2011 to 2014 to clarify their gift intent. Less than 40 families responded; Mars Hill Church sent an additional $40,000 to Ethiopia because donors requested their donations to Mars Hill Global be for Ethiopian church planting.
A full and total timeline from 2009 to 2014 with videos, blogs and other information is stored here.
From 2012 to 2014, Mars Hill Church spent $13.7M in church planting in the US and sent $545k to Ethiopia and India. During its existence, Mars Hill Church invested over $23M in church planting in the US and around the world. This amount is over and above the general and administrative costs of Mars Hill Church’s central operations and staffing. (47% of the funds given to Mars Hill Global from 2012-2014 were large donations from a small number of donors who specifically asked prior to giving for their donations to be counted in Global.  Many of these donors did not attend one specific Mars Hill location and wanted their donations supporting all Mars Hill operations including U.S. and international church planting.)
Many have asked for these numbers. There was I time when I was restricted from providing these numbers. Now, everyone has the Mars Hill Global information that I had when I resigned in September 2014 (Eph. 5:13).

I knew it wasn’t much in comparison to what was spent on the US locations, and as it turns out, it wasn’t. This still doesn’t tell us how much came earmarked for international missions and how much was spent on international missions. And by earmarked for missions, I mean how much was given to the Global Fund from 2012-2014?
The rest of the post provides additional information on executive compensation, the governing board and Result Source.
 

Better for America Nominates Evan McMullin in AR; Ceases National Recruitment Efforts

I had hopes Better for America would be able to recruit a candidate to mount a serious conservative third party challenge. It didn’t happen. This came on August 23. I have since learned that BFA had ballot access in AR, NM and that Evan McMullin will appear on the AR ballot thanks to being nominated by BFA. McMullin is now on the ballot in AR, CO, IA, ID, LA, MN and UT.

To Our Dear Supporters and Volunteers,
This movement was for you, and created by the many ways you came alongside us in the fight to demand more from our presidential candidates in 2016.
Better For America was launched against the backdrop of deeply divisive campaigns of the two most unpopular presidential candidates in modern history, and the widespread dissatisfaction of the American electorate. The mission of BFA was to keep the electoral window open through the summer, and allow a leader to emerge to restore honor, integrity, and unifying and principled leadership.
To advance that objective, BFA conducted extensive conversations with dozens of current or former senators, governors, congressmen, Cabinet members, and military leaders, as well as establishing a foundation for ballot access across the country.
While polling continues to show that the electorate is dissatisfied with both candidates, and believes the country to be on the wrong track, the opportunity for BFA to influence this election cycle has diminished over the summer months, and BFA has therefore ended its candidate recruitment and ballot access efforts.
BFA continues to believe in the potential for leaders to emerge and address the ongoing political crisis, and will continue to pursue constitutional litigation to pave a path to ballot access. Further, in states in which Better For America has established ballot access, it will follow its nomination process.
Better For America was launched with two convictions. First, that our country needs and deserves better than the current leadership alternatives, and second, that it is always valuable to promote integrity, honor, and principles, no matter what the social and political headwinds, or the costs incurred. We believed that if we promoted these ideas in public and private discourse, we could help catalyze a meaningful movement of financial and political leaders responding to the current crisis. While we are disappointed that we didn’t see the leadership response we anticipated, we are encouraged by the many Americans who supported us in our efforts. These great Americans will remain committed to restoring integrity, honor and principled leadership to our country, and Better For America remains committed to supporting them in these efforts.
With many thanks for your contributions and dedication to the United States, John Kingston, III
Founder and Chair, Better For America
http://www.betterforamerica.com/

The Popular Bonhoeffer Quote That Isn’t in Bonhoeffer’s Works

Bonhoeffer picDietrich Bonhoeffer is a modern day hero among evangelical Christians. Killed by the Nazis in 1945 for resisting the regime, Bonhoeffer’s fame among evangelicals increased after the publication of Eric Metaxas’ acclaimed biography of the Lutheran pastor. For many Christians who feel compelled to take a stand on principle, Bonhoeffer has become an inspiration and guiding light. On that point, perhaps the most repeated and celebrated quote attributed to Bonhoeffer is

Silence in the face of evil is itself evil. God will not hold us guiltless. Not to speak is to speak. Not to act is to act.

These are bold words and together they have helped strengthen the conclusion of many persuasive appeals. Though they are powerful, they are not from Bonhoeffer. According to my research and the Bonhoeffer scholars I consulted, these sentences can’t be found in any of his writings or speeches.

This may come as a shock to countless (really, I stopped counting) Twitter and Facebook users who have posted a picture of Bonhoeffer with that quote attributed to him. The quote is on many lists of essential Bonhoeffer quotes (e.g., see Relevant Magazine’s list). Many politicians and authors have used it to make their many points.

I became interested in the quote while researching this May 22, 2016 tweet from Eric Metaxas:

As Bonhoeffer said “Not to cast a vote for the two majors IS to cast a vote for one of them.” – Ethics, pp. 265-6

Although it wasn’t obvious to me at first, this was a joke based on “Not to speak is to speak. Not to act is to act.” Metaxas posted this in response to a Twitter user who described people who plan not to vote for Hillary Clinton or Donald Trump.

At the time, his Twitter followers didn’t get the joke. Here are some of their tweets in response: “sounds like Bonhoeffer made a boo boo,” “Mr Bonhoeffer was right about many things but still a mere mortal!” and “Sorry, but I think the great Bonhoeffer whiffed on this one.” I couldn’t find anyone who questioned the authenticity of the modified quote.

My entrance into the thread was in late July when a Twitter user asked Metaxas for the quote’s source. One purchased Bonhoeffer’s book on ethics to look up the quote but couldn’t find it. After several days on July 31, Metaxas tweeted

This has gotten out of hand. The ORIGINAL Bonhoeffer fake quote was intended as an OBVIOUS joke. It obviously failed. (emphasis in the original)

Like his Twitter followers, I also looked for the source of the “original fake quote.” In doing so, I learned something more interesting; the popular quote on which Metaxas’ joke was based (“Not to speak is to speak. Not to act is to act.”) had been incorrectly attributed to Bonhoeffer.

Questioning the Quote

As far as I can tell, the authenticity of the quote was first questioned in 2013 by Doris Bergen in a book edited by Clifford Green and Guy Carter titled Interpreting Bonhoeffer:

Many lists of “Bonhoeffer quotes” include a sharper indictment: “Silence in the face of evil is itself evil. God will not hold us guiltless. Not to speak is to speak. Not to act is to act.” See also Eric Metaxas, Bonhoeffer: Pastor, Martyr, Prophet, Spy. (Nashville: Thomas Nelson, 2010), back flap. However, this formulation has not been found in Bonhoeffer’s works.

In a 2015 issue of the Australasian Journal of Bonhoeffer studies, Erich von Dietze also cast doubt on the quote.

While commonly attributed to Bonhoeffer, the origin of this quote remains uncertain. The quote has been referenced to Metaxas, E. Bonhoeffer: Pastor, Martyr, Prophet, Spy – A Righteous Gentile vs the Third Reich. (Nashville: Thomas Nelson, 2010).  However, I have not been able to find it in this work.

The online resource Wikiquotes considers the quote to be “misattributed” to Bonhoeffer and names an obscure organization newsletter as the possible source.

First attributed to Bonhoeffer in Explorations 12:1 (1998), p. 3, as referenced by James Cone (2004) Theology’s Great Sin: Silence in the Face of White Supremacy, Black Theology, 2:2, 139-152, footnote 1.

Explorations was the newsletter of the now defunct American Interfaith Institute, founded by the late Irvin Borowsky. Borowsky also founded the Liberty Museum in Philadelphia. I located the newsletter via the online World Catalog and received a copy of the newsletter courtesy of the document delivery service at Grove City College.

On page three of the newsletter is an article by Borowsky which promoted the opening of the Heroes exhibit at the Liberty Museum in 1998. One of the featured heroes is Dietrich Bonhoeffer. The description on the exhibit is as follows:

He was a Lutheran pastor who left Germany in 1933 at age 27 to protest the Nazi regime’s introduction of anti-Jewish legislation. He could have stayed permanently in England, or later the U.S., but repeatedly returned home to oppose Hitler from within. Helping Jews to escape to Switzerland during the war, he also organized church-based resistance. Arrested in 1943, he was hung for treason in 1945 just days before the end of the Third Reich. According to Bonhoeffer, “Silence in the face of evil is itself evil. God will not hold us guiltless. Not to speak is to speak. Not to act is to act.” (emphasis in the original)

I have been in contact with Borowsky’s daughter Gwen who now manages the museum. Now that she knows the quote isn’t accurate, the exhibit will be changed when that gallery is remodeled (photo of current exhibit). She has no knowledge of the source of the quote since the researcher responsible for it has died. I cannot find it anywhere before 1998.
After 1998, a few citations appear in various data bases but the most prominent is the one by Union Theological Seminary professor James Cone in his article “Theology’s Great Sin: Silence in the Face of White Supremacy” published in the journal Black Theology in 2004. Cone attributed the saying to Bonhoeffer and cited the Explorations newsletter as his source.

Bonhoeffer: Pastor, Martyr, Prophet, Spy

metaxas st edition silence quoteBy far, the greatest number of references to the quote have come after the publication of Eric Metaxas’ biography of Bonhoeffer in 2010. On the back flap of the book, the quote is attributed to Bonhoeffer. In his student guide and study guide for the Bonhoeffer book, Metaxas attributed the quote to Bonhoeffer. It also appears in his 2014 book Miracles. He has tweeted the quote attributed to Bonhoeffer in 2012 and 2013. Several other Christian books cite Metaxas as the source of the quote.

I contacted Metaxas via his website and Twitter in early August to ask for his source. He did not respond.

Since Metaxas’ book was published, the quote has shown up in the Congressional Record seven times, all attributed to Bonhoeffer. Rep. Frank Wolf (R-VA) used it three times on international religious freedom, Rep. Trent Franks (R-AZ) included it twice on religious freedom, Rep. Diane Black (R-TN) used it once on defunding planned parenthood, and one of the most interesting uses of the quote was by Rep. Bill Johnson (R-OH) in his apology for a future Iranian nuclear attack. Johnson told the House:

In 2015, I spoke in opposition to the deal that led to the 2030 Iranian nuclear attack because I well remember the words of the theologian Bonhoeffer who eventually died in a Nazi torture chamber. In confronting the murderous madmen of his time, he declared that “Silence in the face of evil is itself evil: God will not hold us guiltless. Not to speak is to speak. Not to act is to act.”

It has been used in hundreds of sermons and speeches opposing abortion and in support of religious liberty. A Google search returns over 38,000 instances of the quote. In April, Christian leaders opposed to Donald Trump used it to justify their opposition to his candidacy. Recently, Janet Porter used it to promote a vote for Trump.

However, the Bonhoeffer experts I consulted agree that the saying is not in his works. One of them, Barry Harvey, a professor of theology at Baylor University and member of the content team for the International Bonhoeffer Society told me via email: “Not only do I know of no place that Bonhoeffer says this, it doesn’t sound like him at all.”

Perhaps the foremost expert on Bonhoeffer’s writings is Victoria Barnett. Barnett is director of the Programs on Ethics, Religion, and the Holocaust at the United States Holocaust Memorial Museum. She is also the general editor of the English translation series of Bonhoeffer’s complete works. Because of her work bringing together Bonhoeffer’s writings, she is able to comprehensively search his known works. When I asked her if the quote came from Bonhoeffer, she told me:

I’ve gotten a few inquiries on the source of that one, but it doesn’t appear anywhere in Bonhoeffer’s writings.

Barnett said she looked for the quote in early translations of Bonhoeffer’s work but cautioned that someday new evidence might turn up. For now, she said,

I am virtually certain that the quote doesn’t exist.

There can be little doubt that the quote’s popularity has risen with the success of Eric Metaxas’s Bonhoeffer biography. If Metaxas continues to usemetaxas back flap it in his speeches and his current website promoting the book, it may continue to be used inaccurately for some time to come.

The appeal of this quote is understandable. The powerful arrangement of words elevates the importance of the cause and bringing Bonhoeffer to one’s side only strengthens the sense that the cause is just. However, since the quote isn’t his, using it is a false witness.

In checking out this quote, I have learned to appreciate Bonhoeffer so much more than when he was just a figurehead on social media. There is value in fact checking. I didn’t find Bonhoeffer behind the quote, but what I found by reading his actual words is much more valuable.

Note: I will add to this post if I find other information regarding the source of the quote pre-1998.

UPDATE: On 11/11/16, I published an update to this post.  In it, I provide an image of a 1971 book with “Not to speak is to speak. Not to act is to act.” used together.

What's Wrong with a Protest Vote?

James Dobson, who is this year supporting Donald Trump, voted for Howard Phillips instead of the GOP nominee Bob Dole in 1996. This year various Christian leaders want all Christians to fall in line behind Donald Trump. Janet Porter is the latest far right crusader who exhorts Christians to vote for Trump.
Theology professor Wayne Grudem told us voting for Trump is a moral choice. In 1998, Grudem raised a standard for elective office that he has now repudiated. This year Dobson isn’t protesting but it was okay in 1996.
Why isn’t it an acceptable choice for evangelicals to protest vote in 2016?
Of course, it is acceptable, even honorable to vote one’s conscience. Between now and election day, Christians will be pressured to fall in line with the GOP. We should vote our convictions. My conviction is not to vote for someone who is unfit. In my mind, that conviction eliminates Donald Trump and Hillary Clinton. Oddly enough, I am on the same team as Glenn Beck in this matter. I wonder if he minds having a “liberal bastard” on his team.
I am still exploring options but have no plans to vote for either of two majors.
In my mind, the two party system hasn’t served the people well. I think it is time to invest in alternative parties and even if I vote GOP in the future, I will not discourage anyone from expressing their freedom of conscience in a third party way.
 

The New Atlantis Study on Sexual Orientation and Gender Identity That's Not a Study

UPDATE: In a post out on 8/27/16, Adam Keiper, editor at The New Atlantis magazine responds to this post with a rebuttal to my points below. I urge you to go read it. I in turn respond to him. I also make a correction in my original post below based on his communication to me.
————————————————- (original post below)
Over the past year, hot discussions of sexual orientation have been pushed aside by controversies over gender identity and bathrooms. A new article from The New Atlantis shows that both topics have plenty of life. Yesterday, social media was buzzing about a new “study” of sexual orientation and gender identity by Lawrence Mayer and Paul McHugh. Actually, the article was not a study but a review and summary of empirical studies. As far as I can tell, it is being touted most by conservative leaning and anti-gay organizations.
The New Atlantis describes itself as a “Journal of Technology and Society.” However, the article did not receive peer review and it shows. Lawrence Mayer, the first author, is not well known in sexuality research circles but the second author is. Paul McHugh is retired from Johns Hopkins and was responsible for discontinuing the sex reassignment program there. He also was an advisor to the Repressed Memory Foundation in the 1990s.
Quickly, the National Organization for Marriage touted the paper as “Groundbreaking New Research.” Even calling the paper a new study isn’t accurate, there are no new studies in the paper. A bunch of old ones are missing as well.
In this post, I want to include some initial reactions and then some notes from Michael Bailey, professor at Northwestern, who was cited several times in TNA paper. I am going to focus on their points about sexual orientation and leave the gender identity points for a future post.
Here is their summary of research regarding sexual orientation:

● The understanding of sexual orientation as an innate, biologically fixed property of human beings — the idea that people are “born that way” — is not supported by scientific evidence.
● While there is evidence that biological factors such as genes and hormones are associated with sexual behaviors and attractions, there are no compelling causal biological explanations for human sexual orientation. While minor differences in the brain structures and brain activity between homosexual and heterosexual individuals have been identified by researchers, such neurobiological findings do not demonstrate whether these differences are innate or are the result of environmental and psychological factors.
● Longitudinal studies of adolescents suggest that sexual orientation may be quite fluid over the life course for some people, with one study estimating that as many as 80% of male adolescents who report same-sex attractions no longer do so as adults (although the extent to which this figure reflects actual changes in same-sex attractions and not just artifacts of the survey process has been contested by some researchers).
● Compared to heterosexuals, non-heterosexuals are about two to three times as likely to have experienced childhood sexual abuse.
● Compared to the general population, non-heterosexual subpopulations are at an elevated risk for a variety of adverse health and mental health outcomes.
● Members of the non-heterosexual population are estimated to have about 1.5 times higher risk of experiencing anxiety disorders than members of the heterosexual population, as well as roughly double the risk of depression, 1.5 times the risk of substance abuse, and nearly 2.5 times the risk of suicide.
● Members of the transgender population are also at higher risk of a variety of mental health problems compared to members of the non-transgender population. Especially alarmingly, the rate of lifetime suicide attempts across all ages of transgender individuals is estimated at 41%, compared to under 5% in the overall U.S. population.
● There is evidence, albeit limited, that social stressors such as discrimination and stigma contribute to the elevated risk of poor mental health outcomes for non-heterosexual and transgender populations. More high-quality longitudinal studies are necessary for the “social stress model” to be a useful tool for understanding public health concerns.

First, here is Michael Bailey’s quick reaction:

1. Their review of sexual orientation is not up to date (A major omission is that it neglects to cite our recent magnum opus on this topic: http://psi.sagepub.com/content/17/2/45.full.pdf+htmlf). The idea that sexual orientation is fluid has some plausibility for women, but not for men.
2. I agree with the authors that discrimination alone is unlikely to completely explain differences between heterosexual and homosexual people in mental health profiles, although it may contribute.
3. They are right on that the idea of innate, fixed gender identity is not consistent with empirical evidence. I differ from them, however, in believing that sex reassignment is still the best option for some individuals.
4. Most importantly, I agree that all of these issues should be openly discussed and researched. There is little government support for open-minded investigation for these controversial issues. That is unfortunate and exactly backwards. Support should be directed to resolve the most contentious issues.

As I reviewed the sexual orientations sections, I agree with Bailey. I especially agree that readers should read this major review of research on sexual orientation published earlier this year. Mayer and McHugh’s paper is missing any serious discussion of epigenetics, they overlook the new genetic linkage paper involving gay brothers, (they do address it, see the follow up post) as well as work on “gay rams.” The TNA authors minimize the neural differences between gays and straights, calling them “minor differences in brain structures.” How do these authors know what differences are minor and which are not? In fact, the differences in symmetry and brain activity are quite provocative and have not been accounted for by any environmental theory. Of course, we need more research with larger sample sizes but Mayer and McHugh just shrug these studies off as inconsequential.
Regarding sexual abuse, the authors review several studies which demonstrate higher rates of sexual abuse among GLB people as opposed to heterosexuals. For the most part, they report the relevant details but they failed to catch the mistakes in the Tomeo study and report it incorrectly (see this post for the problems with using Tomeo). Even though some who are touting the study miss this, the authors provide caution for those wanting to see homosexuality as the result of sexual abuse:

In short, while this study suggests that sexual abuse may sometimes be a causal contributor to having a non-heterosexual orientation, more research is needed to elucidate the biological or psychological mechanisms. Without such research, the idea that sexual abuse may be a causal factor in sexual orientation remains speculative.

They say “sometimes.” I would say infrequently or rarely and would add that we really don’t know. What we do know is that most people who are GLB were not abused. The TNA paper affirms that observation.
On the “born that way” claim, I find it contradictory that the authors express uncertainty about the causes of orientation but then say with great certainty that the “born that way” theory isn’t supported by scientific evidence. This line is apparently meant to hook the social conservatives which indeed it has. I mentioned the misleading “Groundbreaking New Research” headline from NOM, and then I just saw Liberty Counsel’s email which leads: “Scientific Research Debunks LGBT Propaganda.”
For readers wanting a more thorough review of the literature, please see the paper from Bailey and colleagues linked here.