Gateway Church and several church elders want an appellate court to overturn a recent ruling that allowed a sexual abuse victim's defamation lawsuit to proceed.
The megachurch filed the appeal in the Fifth Court of Appeals Nov. 14, arguing the lower court doesn't have jurisdiction over the claims from Cindy Clemishire because the suit pertains to internal church matters.
Therefore, Gateway says it's protected by the ecclesiastical abstention doctrine — a legal principle that protects civil courts from intervening in a religious institution's affairs.
Evaluating Clemishire's defamation claims would require the trial court to analyze the intent behind statements related to religious matters, Gateway argued.
"At what point does faithfulness become reckless disregard or negligence?," Gateway's filing read. "And how could a court apply such standards in the context of church governance? Such inquiry would require the trial court to impermissibly 'dissect religious beliefs,' and ask how the Elders’ religious beliefs motivated their actions and statements."
The appeal comes in response to Dallas County Judge Emily Toblowsky's decision to deny Gateway and church elders' motions to dismiss the suit earlier this month.
Clemishire filed a response Tuesday, arguing her claims, "do not implicate church governance, discipline, or matters of doctrine." Instead, the response read, Clemishire's claims are about Gateway and church elders issuing "factual, defamatory statement" about her.
KERA News reached out to attorneys for Gateway and Clemishire and will update this story with any response.
In June 2024, Clemishire came forward with claims that Morris had sexually abused her for more than four years in the 1980s. She was 12 years old when it started and he was 22.
Morris pleaded guilty in October on five counts of lewd or indecent acts to a child and was sentenced to 10 years, but will only serve six months in an Oklahoma jail, where the abuse took place. He'll also be required to pay Clemishire $270,000 and register as a lifetime sex offender.
Clemishire and her father in June sued Gateway, its elders, Morris, his wife and his charity claiming they helped cover up the abuse for years and financially benefitted from it. The Clemishires also allege church elders defamed her in several statements after she publicly spoke about the abuse claims.
Church elders acknowledged Morris' sexual abuse in a statement shortly after Clemishire's story came to light, saying the pastor was "involved in inappropriate sexual behavior" and referred to Clemishire as a "young lady."
A trial is set for June 2026.
Penelope Rivera is KERA's Breaking News Reporter. Got a tip? Email Penelope Rivera at privera@kera.org.
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