A Dallas County judge will decide next week whether her court has legal authority over a lawsuit against Gateway Church and former pastor Robert Morris over comments made about Morris’ sexual abuse of a child.
Ron Breaux, the attorney representing Gateway, began a hearing Friday by apologizing to abuse victim Cindy Clemishire, who sat at the front of the courtroom. Clemishire publicly revealed last year that Morris sexually abused her in the 1980s when she was 12 and he was 22.
But while “the abuse was horrific,” and “tragic,” Breaux said, “this case is not about that abuse.”
Morris pleaded guilty to five counts of lewd or indecent acts to a child earlier this month and was given a 10-year sentence. He’ll only serve six months in Osage County Jail in Oklahoma, where the abuse took place. Morris will also have to register as a lifetime sex offender and pay Clemishire $270,000.
Clemishire and her father Jerry Lee Clemishire sued the Southlake megachurch, Morris, his wife, several church elders and Morris' charity organization in June. The Clemishires allege the defendants defamed Clemishire when she came forward with the allegations last year in a series of statements.
A June 14, 2024 statement shared by Gateway elders acknowledged Morris’ sexual abuse. In it, Morris said he was involved in “inappropriate sexual behavior” with a “young lady,” and that her family forgave him.
The church apologized in a statement four days later, saying elders “did not have all the facts” about Morris’ abuse, including the victim’s age and the length of the abuse. Morris resigned that same day.
But neither of these statements, Breaux said, mention Clemishire, and they were meant to update Gateway congregants and respond to media reports about Morris.
Gateway argues the lawsuit deals with church matters, and the court has no jurisdiction over the claims because of the church autonomy or ecclesiastical abstention doctrine. Drawing from religious freedom protections in the U.S. and Texas constitutions, the principle prevents secular civil courts from weighing in on a religious organization's operations and governance.
Breaux and attorneys for other plaintiffs said the Dallas County court should toss the Clemishires' claims, as proceeding with the lawsuit and allowing discovery would require the court and plaintiffs to unjustly “reach behind the ecclesiastical curtain.”
Bill Mateja, the attorney for the Morrises, echoed those sentiments.
"The doctrine is all about protecting the First Amendment, that the courts and that the government shouldn't get into the affairs of the church," Mateja said. "That's why I just think, fundamentally it's a major constitutional issue and the doctrine of the ecclesiastical abstention is founded in the First Amendment."
The Morrises also argue Clemishire's suit is barred by the statute of limitations and her own "negligence, acts and/or omissions caused or contributed" to Morris' alleged damages.
The Robert Morris Evangelistic Association and Gateway elders are also asking to be dismissed from the suit. They deny making any defamatory statements about Clemishire.
The Clemishires' attorney Drew York agreed the First Amendment gives churches religious authority over their policies and doctrine — but, "it doesn’t protect the church from tort claims that are based on secular acts.”
The statements contain no religious dogma but were instead "secular, responsive crisis communication,” York said, therefore the court has jurisdiction in the case. Even non-religious disputes sometimes require courts to look into church doctrines, he said.
Dallas County 298th District Court Judge Emily Tobolowsky said she expects to issue a ruling on Gateway's plea to the jurisdiction Nov. 4.
“We are eager to get the procedural matters behind us so we can focus on the facts of the case," said Alex Yaffe, an Oklahoma attorney who also represents Clemishire. "We are anxious for Robert Morris and his accomplices to be held accountable for their actions."
Rep. Jeff Leach, R-Plano, was also in court Friday. His law firm Gray Reed is helping represent Clemishire and her father.
Leach was behind a law passed in the Texas Legislature this year that banned the use of nondisclosure agreements to prevent sexual abuse survivors from speaking out about their experiences. Clemishire testified to Leach and other state lawmakers last year that she turned down a $25,000 settlement Morris' lawyers offered her if she agreed to sign an NDA and take blame for the abuse.
Gateway Church is dealing with a separate lawsuit by congregants alleging the church committed financial fraud with their tithes.
This story has been updated with a statement from an attorney for Cindy Clemishire.
Additional reporting by KERA's Penelope Rivera.
Toluwani Osibamowo is KERA’s law and justice reporter. Got a tip? Email Toluwani at tosibamowo@kera.org.
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