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Federal judge dismisses class-action lawsuit against Gateway Church over donations

A federal court judge on Tuesday dismissed a class-action lawsuit against Gateway Church brought by four former church members who accused the church of misappropriating millions of dollars in donations.

The suit involved not only the church but founding Pastor Robert Morris and former elder Steve Dulin.

In his decision, Chief District Chief Judge Amos Mazzant ruled that a First Amendment protection for churches, known as the ecclesiastical abstention doctrine, applied to Gateway.

Dispute over church donations

The dispute had centered on donations known as tithes, which are made when a church member donates 10% of their income to the organization.

The four former members had accused Gateway of giving less than it promised to the local, national and global ministries it supports, and that Morris had promised the church would give people their money back.

"Determining whether a church's expenditures properly fall into specific charitable purpose would require the court to involve itself in internal church controversies by defining Gateway's mission and outreach efforts, which are topics unfit for adjudication," Mazzant wrote.

Mazzant further said, "The claims at issue will implicitly require the court to determine the meaning of plaintiff's references to "global missions," "Jewish ministry partners," "local, national, and international outreach efforts," and other terms that implicate religious beliefs."

Gateway Church responds

An attorney for Gateway, Ronald Breaux, applauded the court's decision.

"We are grateful that the United States District Court has dismissed all claims against Gateway," Breaux said. "Plaintiffs sought to second-guess Gateway's beliefs and decisions on the fundamental religious question of tithing. The First Amendment prohibits such an assault on Gateway's religious autonomy and freedom."

Attorneys for Pastor Morris, Steve Dulin and the four plaintiffs who brought the suit did not respond to a request for comment Tuesday.

More legal matters for Gateway

The decision closes another legal door for Gateway Church following the resignation of Pastor Morris two years ago this month.  A suit brought by Morris against the church over what he said was millions of dollars owed to him as part of a retirement agreement was dismissed last month, and the case moved to arbitration.

Morris, his wife, Debbie, the church, along with a group of current and former church elders and a former employee, still face a $1 million defamation suit filed by Cindy Clemishire and her father. The suit alleges the church defamed them after she raised allegations about child sexual abuse between her and Morris that began when Clemishire was 12-years-old.

Morris pleaded guilty in October last year in Oklahoma to five counts of lewd and indecent acts with a child. He served six months in the Osage County Jail and was released. He has since registered as a sex offender.

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