Gateway Church, elders file appeal to stop $1 million defamation lawsuit, records show
Gateway Church and its current elders have asked an appellate court to stop the civil defamation lawsuit filed by the woman who was sexually abused by the megachurch's founding pastor, Robert Morris, records show.
The pair of requests filed Friday in the Fifth Court of Appeals in Dallas asks the judges to halt discovery by Cindy Clemishire's attorneys.
Clemishire and her father filed the suit in June, which claims the defendants knowingly defamed her by releasing false information. A news release sent at the time said the suit was seeking $1 million in damages.
Church doctrine cited
The defendants had argued that the doctrine of ecclesiastical abstention should prevent the suit from moving forward. That doctrine gives churches broad latitude to run their own operations without intervention by the courts.
On Nov. 12, Dallas County Judge Emily Tobolowsky ruled against the defendants, agreeing with Clemishire's attorneys that the church's actions were more secular in nature.
Although the appeal filed at the Court of Appeals only lists the church and the current elders, a legal expert says any decision would impact all of the defendants in the case, which include Morris, his wife Debbie, former elders and a staff member.
Attorneys for Clemishire said "they look forward to explaining to the court of appeals why the trial court correctly denied the motions..."
Quick decision sought
The appeal asks for the court to make a decision by Nov. 21. Another hearing is set before Judge Tobolowsky in early December.
Morris pleaded guilty on Oct. 2 to five counts of lewd and indecent conduct involving Clemishire that started when she was a 12-year-old girl in Oklahoma. He is currently serving six months in the Osage County Jail. When he's released, he'll be on probation for 9.5 years and have to register as a sex offender.