Robert Morris Asks Court To Dismiss Clemishire’s $1 Million Defamation Lawsuit
Robert Morris, the controversial founder of Gateway Church, has asked a Dallas County court to dismiss a $1 million defamation lawsuit from Cindy Clemishire. Morris’s motion to dismiss comes just weeks after the embattled pastor pleaded guilty to sexually abusing Clemishire in the 1980s, starting when she was 12 years old.
His motion argues that Clemishire’s lawsuit is solely a religious matter and shouldn’t be up for debate in the courts. However, Clemishire’s lawyer argued in response that her case deals with a crime, which is a secular matter.
Clemishire, along with her father, Jerry Lee Clemishire, filed the lawsuit in June. She alleges that Morris and Gateway church leaders on June 14, 2024, publicly dismissed the pastor’s abuse as merely a “moral failure” involving a “young lady,” instead of the sexual assault of a child.
She also contends Morris and church leadership made “knowingly false” statements about her that minimized the crime after media reports surfaced that same year.
Clemishire, now 55, said she is seeking accountability from the Dallas megachurch’s leadership.
Morris was sentenced to six months in jail in early October — a light sentence stemming from a plea deal that also required Morris to register as a sex offender and pay $270,000 in restitution.
The crux of the motion is that Clemishire’s lawsuit deals with church matters, over which the court has no jurisdiction.
Clemishire’s claims, the motion contends, go against the legal definition of religious freedom known as the ecclesiastical abstention doctrine. This doctrine prevents secular civil courts from weighing in on a religious organization’s operations and governance.
The doctrine stems from the free exercise clause of the First Amendment, stating that courts can’t resolve religious questions and instead should defer to the religious entity’s authority.
The motion said that Clemishire’s claims about Gateway Church’s words require the court to go “behind the ‘ecclesiastical curtain’ to determine the veracity of what church officials said.”
Gateway Church, which is also named in the lawsuit, had previously requested to dismiss the case under the same doctrine in August. Last week, it filed an additional brief in support of its motion.
“While the First Amendment does not bar all claims against churches, (Clemishire’s) claims against Gateway here plainly fall within the sphere of church autonomy,” Gateway argued in its recent brief. The church noted that the statements of leadership fall under constitutionally protected internal communications.
The church asked the court to dismiss the case “with prejudice,” which would prevent the case from being refiled.
Morris’ wife Deborah and several current and former Gateway elders, who are also named as defendants, all deny the allegations in their own filings.
In an Oct. 31 hearing, Ron Breaux, the attorney representing Gateway, noted that while “the abuse was horrific,” and “tragic,” this case is “not about that abuse,” according to KERA, the PBS affiliate for the Dallas area.
Bill Mateja, the attorney for Morris, echoed Breaux.
“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, according to KERA News. “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.”
Clemishire contested Morris and Gateway’s dismissal in a strongly-worded rebuttal filed last week. She said her lawsuit has nothing to do with religious doctrine.
“This case is about the criminal conduct of the former pastor of a church, and the subsequent tortious conduct of the church and some of its leaders after that criminal conduct came to light,” Clemishire wrote. “None of these unlawful acts are protected by the First Amendment.”
Her rebuttal adds that her case isn’t asking the court to “interpret religious doctrine or church discipline. Rather, it is about secular facts — the who, what, when, and where of the false and defamatory statements Defendants made about the Clemishires.”
Clemishire urged that the ecclesiastical abstention doctrine can’t be used to shield churches from accountability for civil wrongs that aren’t connected to theological disputes.
Her lawsuit doesn’t require the court to “second-guess church governance or question any ecclesiastical decision making.”
Clemishire’s attorney, Alex Yaffe, said in a hearing Friday that Clemishire is ready to get dismissal motions thrown out, according to KERA News.
“We are eager to get the procedural matters behind us so we can focus on the facts of the case,” Yaffe, said, according to KERA. “We are anxious for Robert Morris and his accomplices to be held accountable for their actions.”
Dallas County District Court Judge Emily Tobolowsky said she will likely issue a ruling on Morris’s motion sometime this week, according to KERA News.
Gateway Church is also currently contending with a separate financial fraud lawsuit filed by former congregants.
This article was originally published by The Roys Report.
Liz Lykins is a correspondent covering religion news for The Roys Report, WORLD Magazine and other publications.