A sexual abuse victim's defamation lawsuit against Gateway Church, former pastor Robert Morris and several church elders can proceed, a Dallas County judge ruled Tuesday.
Dallas County District Judge Emily Tobolowsky denied motions by the Southlake church and its elders to dismiss Cindy Clemishire's lawsuit against them. The decision comes nearly two weeks after a hearing in which Gateway's attorneys argued the dispute is a religious matter and shouldn't play out in secular court.
"We are grateful the judge followed the law and wasn’t distracted by false narratives peddled by the defense," said Alex Yaffe, an attorney for Clemishire. "We will press forward and conduct the discovery the judge has ordered and remain confident in our case.”
Gateway Church declined to comment. KERA News has reached out to attorneys for Robert Morris and the church elders and will update this story with any response.
Clemishire publicly revealed last year that Morris sexually abused her in the 1980s when she was 12 and he was 22.
Morris pleaded guilty to five counts of lewd or indecent acts to a child last month and was given a 10-year sentence.
But 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 sued Gateway, Morris, his wife, several church elders and Morris' charity in June. The Clemishires allege the defendants helped cover up her claims and defamed her in a series of statements after she came forward with the allegations.
Gateway elders acknowledged Morris' sexual abuse in a June 14, 2024, statement. In it, Morris said he was involved in “inappropriate sexual behavior” with a “young lady,” and that her family forgave him.
In a response to the motions to dismiss, the Clemishires said that was a lie.
"Instead of admitting that he raped Cindy Clemishire when she was twelve years old, Morris concocted a story about engaging in an 'inappropriate' extramarital relationship with an adult woman," the court filing states. "He then turned this story, and his purported repentance, into a foundation of many of his sermons and messages to Gateway's congregants."
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.
An attorney for Gateway said the statements were meant to respond to media reports and communicate with Gateway congregants. Therefore, the church argues, the lawsuit centers religious matters over which the court has no jurisdiction because of the ecclesiastical abstention doctrine.
The principle, which draws from religious freedom protections in the U.S. and Texas constitutions, prevents secular civil courts from weighing in on a religious organization's operations and governance.
The Clemishires' attorney argued the allegedly defamatory statements were not religious in nature and were instead "secular, responsive crisis communication." Thus, the court has jurisdiction over the case.
Tobolowsky also denied motions by church elders John D. "Tra" Willbanks, Kenneth Fambro, Gayland Lawshe and Dane Minor to dismiss the lawsuit, which the judge briefly heard in court.
A trial in the case is set for June 2026. Gateway is dealing with a separate lawsuit by congregants alleging the church committed financial fraud with their tithes.
Gateway is also suing Morris after refusing to pay him the millions of dollars he requested as part of his retirement.
Toluwani Osibamowo is KERA’s law and justice reporter. Got a tip? Email Toluwani at tosibamowo@kera.org.
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