The Fifth District Court of Appeals issued a 21‑page opinion on Wednesday that largely bars the defamation lawsuit filed by Cindy Clemishire against Gateway Church and former elders John Willbanks, Kenneth Fambro and Dane Minor. The court reversed a lower‑court decision that had denied motions to dismiss the case.
Ecclesiastical abstention doctrine at issue
Gateway Church and the former elders argued that the ecclesiastical abstention doctrine—rooted in the First Amendment—prevents civil courts from intervening in internal church matters. The appellate court agreed, emphasizing that Texas courts must be careful not to intrude on how a church investigates allegations against its clergy, determines the truth of those allegations, or communicates its findings to the public.
Justice Mike Lee wrote that both the Texas Supreme Court and the appellate court have recently recognized that the doctrine bars claims that question a church’s investigation, reporting, or public statements about alleged misconduct.
Claims against former pastor Robert Morris
The lawsuit also targeted former senior pastor Robert Morris, who pleaded guilty in 2025 to five counts of lewd or indecent acts involving an unborn child when the victim was 12 years old. Morris served six months of a ten‑year sentence, was released in March 2026, and is now a registered sex offender required to pay $270,000 to Clemishire.
Clemishire alleged that Gateway Church defamed her by issuing statements that downplayed Morris’s abuse and suggested the church had financially benefited from the misconduct. The church’s elders released a 2024 statement acknowledging Morris’s “inappropriate sexual behavior” and noting that the victim’s family had forgiven him.
Reactions from advocates and counsel
State lawmaker and Clemishire’s attorney Jeff Leach called the ruling “deeply troubling” for survivors of childhood sexual abuse, warning that religious‑freedom protections should not become a shield for abusers. “We will not stop fighting for accountability,” Leach said. “Religious freedom is sacred. Protecting child rapists is not.”
Gateway’s attorney Ron Breaux praised the decision, stating that the church has consistently expressed sympathy for Clemishire and that the First Amendment draws a clear constitutional boundary preventing secular courts from judging how a church governs itself.
Next steps
The appellate court gave the parties 30 days to file a final dismissal. Separate opinions also dismissed most of the claims specifically directed at Robert Morris. KERA News has reached out to Morris’s attorney for comment and will update the story as information becomes available.
This case underscores the ongoing tension between protecting religious liberty and ensuring accountability for serious wrongdoing within faith communities. While the court affirmed the church’s right to manage its internal investigations, advocates for abuse survivors continue to press for mechanisms that prevent institutions from using constitutional protections to evade responsibility.
Original reporting: Fort Worth Report — read the source article.
