A Dallas County judge has ruled that a lawsuit filed against Gateway Church in Southlake by a survivor of sexual assault can move forward.

Cindy Clemishire sued the church and its elders for defamation, claiming they downplayed and mischaracterized abuse she suffered as a child at the hands of the church’s founder and former lead pastor, Robert Morris.

The church asked the case be dismissed, arguing courts have no right to intervene in church matters.

“The doctrine is all about protecting the First Amendment, that the courts and the government shouldn’t get into the affairs of the Church, so that’s why I think fundamentally, it’s a major Constitutional issue,” said attorney Bill Mateja who represents Morris in the case.

Judge Emily Tobolowsky disagreed with the church, striking its argument down in a new ruling Tuesday.

In response to a request for comment, State Rep. Jeff Leach, one of the attorneys representing Clemishire in the suit, called the ruling…”A great day for justice… for Cindy… and for countless survivors and victims for whom she is blowing the doors to the Courthouse wide open.”

Trial is now set for the summer of next year.

Morris is serving a six-month jail sentence after pleading guilty to sexually assaulting Clemishire.  

Religious doctrine cited to prevent court interference

At the heart of the defense was the doctrine of ecclesiastical abstention, which would prevent a court from interfering in the operations and governance of a church.

Attorneys for the Clemishires argued the actions of Robert Morris and the church were secular in nature, not religious.

The decision follows Robert Morris’ plea on Oct. 2 to five counts of lewd and indecent conduct with Clemishire.

Former, current Gateway Church elders, staff included in lawsuit

The defendants include Gateway Church, Robert and Debbie Morris, and current and former elders Thomas Miller, Tra Willbanks, Kevin Grove, Jeremy Carrasco, Kenneth Fambro, Gayland Lawshe, Dane Minor, and Steve Dulin.

Lawrence Swicegood, who directed the church’s communications team, and The Robert Morris Evangelistic Association are also named in the suit.

Current church leaders have said that four of the former elders, Thomas Miller, Jeremy Carasco, Kevin Grove, and Gayland Lawshe, were aware of the details involving Morris and Clemishire, who was 12 when the abuse began.

Morris incarcerated in Oklahoma

Morris is currently serving six months in the Osage County Jail in Oklahoma. He faces 9.5 years of probation once he gets out.

The church and Robert Morris also have two other cases pending. The first, in Tarrant County, is over the millions of dollars he claims the church owes him as part of a retirement agreement. There is also a federal class-action lawsuit filed by former members that accuses Gateway and Robert Morris of failing to honor promises to give 15% of donations to global missions and misleading congregants with assurances of refunds.

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