Cindy Clemishire is asking the Texas Supreme Court to review her defamation lawsuit against Gateway Church, Robert Morris, his wife and former church elders after it was dismissed by a Dallas appeals court last month.
In a court filing, Clemishire鈥檚 attorneys argue that Southlake-based Gateway Church should not receive legal protections or church immunity for allegedly shielding any information it knew about the sexual abuse from Morris.
The filing comes after The Fifth District Court of Appeals in August dismissed all claims in Clemishire鈥檚 suit against Gateway, three former church elders and most claims against Morris.
鈥淭his is without question institutional abuse on top of horrific sexual abuse,鈥� state Rep. Jeff Leach, one of Clemishire鈥檚 attorneys, told reporters at a press conference outside the state Supreme Court Thursday. 鈥淎nd it must not be allowed to stand. Cindy Clemshire deserves her day in a Texas civil court.鈥�
In an interview after Thursday鈥檚 press conference, Clemishire told KUT she was extremely disappointed following the dismissal of her suit last month 鈥� but that it only refueled her to continue fighting.
鈥淚 have always said this is not about me, this is a bigger picture and at this point, at this level, it is about every person that has been abused, verbally, sexually, anything, in the church and any type of religious organization, they should not be silenced and predators and abusers of every type should never be protected,鈥� Clemishire said.
Bill Mateja, an attorney for Morris, told 四虎影院 in an email Thursday the state Supreme Court will make its decision based on the law.
鈥淟et鈥檚 call the Clemishire press conference what it is, because it isn鈥檛 a legal filing and it certainly isn鈥檛 argument to the Court 鈥� it鈥檚 Ms. Clemishire鈥檚 lawyer grandstanding in advance of the November general election that has him seeking reelection as a state representative for House District 67," Mateja said. "Courts decide cases on the law, not on press conferences."
An attorney for Gateway declined to comment to 四虎影院 Wednesday.
The appellate court sided with their argument that questioning the megachurch鈥檚 internal probe into Morris would be interfering in church matters 鈥� which would violate the ecclesiastical abstention doctrine deriving from the First Amendment.
The ecclesiastical abstention doctrine, or church autonomy, protects religious institutions from interference from the government or civil courts. But Clemishire鈥檚 court filing maintains Gateway cannot claim church autonomy in any statements involving Clemishire as she was never part of the church.
鈥淭he ecclesiastical abstention doctrine exists to keep courts out of disputes that those who united themselves to the church agreed to resolve within the church,鈥� the court filing read. 鈥淚t does not exist to protect what a church says about outsiders who never agreed to anything. Under the court of appeals鈥� decisions, it now does both.鈥�
It also states Clemishire鈥檚 claims are not about Gateway鈥檚 internal management decisions, but rather use of what it knew when it published alleged defamatory statements about Clemishire.
And, because the statements reached the public and went beyond the congregation, they鈥檙e considered defamatory, according to the filing.
Clemishire鈥檚 lawsuit
The request stems from Clemishire鈥檚 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 covered it up for years and financially benefiting from it.
Elders released a statement on June 14, 2024, acknowledging Morris鈥� sexual abuse. It also said he had been involved in 鈥渋nappropriate sexual behavior鈥� with a 鈥測oung lady,鈥� and that her family forgave him.
Clemishire argued those statements downplayed the assault.
The Fifth District Court of Appeals reversed a trial court鈥檚 decision that denied motions to dismiss Gateway and elders John Willbanks, Kenneth Fambro and Dane Minor from the suit.
Gateway and the former elders had cited the 鈥� a legal rule stemming from the First Amendment protecting religious institutions from government interference.
A Dallas judge denied those motions last November.
The appellate court sided with Gateway and the elders, writing courts should be careful not to intrude in church governance 鈥� as Gateway has a Board of Elders handling church affairs 鈥� and that churches have the rights to establish their own internal rules and regulations for resolving disputes over religious matters.
All but one of the claims in the suit against Morris were also dismissed in a separate opinion.
Mateja told 四虎影院 Morris and Gateway have already taken ownership over the abuse and apologized 鈥渋n good faith.鈥�
鈥淭urning that apology into an argument for defamation liability cheapens what an apology is supposed to mean 鈥� and it's hard to see this as anything other than an attempt to convert accountability into a big payday,鈥� Mateja said.
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 and was required to pay Clemishire $270,000.
鈥淭exas should be the last place in America where a child sexual abuse survivor is told that the courthouse doors are closed because the people she is trying to hold accountable happened to lead a church,鈥� Leach said in a press release Tuesday. 鈥淩eligious liberty is one of our most fundamental freedoms. But religious liberty cannot mean religious immunity. Protecting a predator is not theology, and defaming his victim is not church doctrine.鈥�
Trey鈥檚 Law
The case also comes after Texas lawmakers last year approved Senate Bill 835, nicknamed Trey鈥檚 Law and authored by Leach. The bill completely ban nondisclosure agreements in cases of sexual assault, including in cases of child sexual abuse and human trafficking. It went into effect September 2025.
Leach in a press release argued the same principle is at the center of Clemishire鈥檚 case -- that Texas law should protect survivors鈥� ability to seek accountability within institutions that hold such power.
Trey鈥檚 Law is also making its way through Congress after Sen. Ted Cruz It unanimously passed the Senate in May and is by the House of Representatives.
Clemishire told KUT she hopes her case can bring support to other survivors of sexual abuse.
鈥淚 hope survivors understand is that what happened was not their fault and the shame and guilt was never theirs to carry,鈥� Clemishire said. 鈥淎nd if they have the courage to come forward and speak and share their story, that's another step to hoping we can eventually prevent this from happening in the future.鈥�
Leach said he also plans to file legislation next session that would make people who sexually abuse children eligible for the death penalty in Texas.
鈥淚f you rape a child in Texas, you have in many cases ruined a life irreparably,鈥� Leach said. 鈥淎nd like other states have done, I think in this state we ought to have the debate about a jury of your peers being able to sentence you to the ultimate punishment if you decide that you want to rape a kid in Texas.鈥�
This story has been updated to include statements from state Rep. Jeff Leach, Cindy Clemishire and Bill Mateja, an attorney for Robert Morris.
Penelope Rivera is 四虎影院's Tarrant County Accountability Reporter. Got a tip? Email Penelope Rivera at privera@kera.org.
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