An appelate court ruled Wednesday most claims against Gateway Church, Robert Morris and three former church elders in a lawsuit filed by a woman Morris sexually abused in the 1980s cannot proceed in court.
The Fifth District Court of Appeals reversed a trial court’s decision that denied motions to dismiss Gateway and elders John Willbanks, Kenneth Fambro and Dane Minor from the lawsuit filed by Cindy Clemishire last year, court filings show.
Gateway and the former elders had cited the ecclesiastical abstention doctrine as reasons to be dismissed from the suit — a legal rule stemming from the First Amendment protecting religious institutions from government interference.
A Dallas judge denied those motions last November.
An appellate court sided with Gateway and the elders Wednesday, writing courts should be careful not to intrude in church governance – as Gateway has a Board of Elders handling church affairs -- and that churches have the rights to establish their own internal rules and regulations for resolving disputes over religious matters.
“As noted throughout this opinion, the Supreme Court of Texas and this Court have both recently recognized the ecclesiastical abstention doctrine bars a claim that questions a church’s investigation into allegations of a pastor’s misconduct, the church’s reporting of its investigation and the allegations, the church’s actions determining the truth of the allegations, and the church’s communications with the public regarding the investigation and allegations,” Justice Mike Lee wrote in a 21-page opinion.
Jeff Leach, state lawmaker and attorney for Clemishire, said in a statement Thursday the ruling has “deeply troubling consequences” for survivors of childhood sexual abuse.
While religious institutions should be protected by the First Amendment, it should not act as a shield for those who commit or hide child sexual abuse, Leach said.
“We will not stop fighting for that accountability,” Leach said. “Religious freedom is sacred. Protecting child rapists is not.”
Wednesday’s court filings stem from Clemishire’s lawsuit filed in June 2025. Among several things, Clemishire claimed Gateway defamed her in a series of statements after she came forward about the abuse from Morris, allegedly covering it up for years and financially benefiting from it.
Elders released a statement on June 14, 2024, acknowledging Morris’ sexual abuse. It also said he had been involved in “inappropriate sexual behavior” with a “young lady,” and that her family forgave him.
Clemishire argued those statements downplayed the assault.
Clemishire’s suit argued the ecclesiastical abstention doctrine did not apply in this case because these statements were revealed to the public, not just to Gateway members and therefore isn’t protected by the religious doctrine.
While Justice Lee’s opinion doesn’t address whether those statements made were defamatory, he maintains Clemishire’s claims question the megachurch’s internal probe into Morris and any statements made surrounding it, therefore remaining a church matter.
Ron Breaux, an attorney for Gateway, praised the opinion in a statement Thursday.
“Gateway and its current leaders have consistently expressed their sympathy for Cindy Clemishire and their grief over the abuse she endured,” Breaux said.
“Nothing about this decision diminishes what happened to her. But the First Amendment draws an important constitutional boundary: Secular courts cannot sit in judgment over how a church investigates its clergy, governs itself or communicates about the character and conduct of its religious leaders.”
Morris stepped down as lead pastor of Gateway in June 2024 after Clemishire came forward that he sexually abused her in the 1980s when she was 12 and he was 22.
He pleaded guilty last October to five counts of lewd or indecent acts to a child. Morris was required to serve six months of a 10-year sentence in an Oklahoma jail, where the abuse took place. He was released at the end of March, is a registered sex offender in Texas and was required to pay Clemishire $270,000.
Penelope Rivera is KERA's Tarrant County Accountability Reporter. Got a tip? Email Penelope Rivera at privera@kera.org.
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