Judge Denies Gateway Elders’ Motions to Dismiss 

Kevin Grove and Steve Dulin were denied dismissal from defamation lawsuit by Cindy Clemishire.

Two former elders of Gateway Church, a Dallas-area megachurch formerly led by Robert Morris, were unsuccessful in seeking dismissal from a civil action for defamation brought by Morris’s abuse survivor Cindy Clemishire.

Inserts of former elders Kevin Grove (left) and Steve Dulin (right)

On February 6, Dallas County District Court Judge Emily Tobolowsky denied the motions to dismiss filed by Kevin Grove and Steve Dulin. The elders are appealing the decision to the Texas 5^th District Court of Appeals.

The two elders filed a motion to dismiss based on the Texas Citizens Participation Act (TCPA), a Texas law designed to “encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury.” These laws are often referred to as anti-SLAPP.

Clemishire filed her lawsuit in June 2025 against Gateway Church and its elders, plus founding pastor Robert Morris and his wife Deborah, for defamation, conspiracy, and intentional infliction of emotional distress.

The lawsuit involves statements made by the church, specifically one in June 2024, that acknowledged Morris’ “inappropriate sexual behavior,” but referred to his victim as a “young lady.” A few days later, they issued statements claiming that their “prior understanding” was that “Morris’s extramarital relationship…was with a young lady and not abuse of a 12-year-old child.”

Later in the summer, church elders admitted their initial communication was “clearly incorrect.” They admitted Clemishire was a child and the relationship was actually sexual abuse of a child.

Dulin asserted that he had no part in the church’s June statement — that he did not approve it, prepare it, nor publish it. He also argues that Clemishire’s lawsuit relates to alleged statements about a matter of public concern and would chill his right to free speech.

Dulin also filed his motion to dismiss beyond the 60 day deadline to file, but claimed he had good cause for the delay.

Grove also argued that Clemishire’s claims against him relate to his exercise of free speech about a matter of public concern — the abuse allegations against Morris. He also argued that the statement in question did not identify Clemishire by name and is therefore not defamatory against her.

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Both Dulin and Grove asserted a “common law qualified privilege” affirmative defense claiming the statements were made without actual malice, were in reference to duties owed by Dulin and Grove as elders at Gateway, and were communicated to other parties who had a “corresponding interest” in the matter.

They explained further that the alleged statements were made during the course of an investigation into Morris’ actions and were communicated internally to other members of the church’s leadership, who also had a duty to direct the investigation.

Another appeal by Gateway Church and its elders is pending before the 5^th District Court of Appeals after the trial court dismissed the church’s motion to dismiss based on the “ecclesiastical abstention” or “church autonomy” doctrine that Gateway claims protects its communications about its pastor’s misconduct.

The appeal also challenges the trial court’s decision to allow “sweeping discovery” of internal Gateway communications about the matter. The discovery order wrongly “permits [p]laintiffs to rifle through and rummage about the Church’s and its Independent Elders’ internal communications, records, and decision-making processes,” the church argues.

Instead, the church argues that the appellate court should order the trial court to dismiss Clemishire’s lawsuit against it for lack of jurisdiction.

Meanwhile, Church Mutual Insurance, the insurance company for Gateway Church has filed an action in federal court seeking a declaration that it is not required to defend nor indemnify the church in the civil lawsuit brought by Clemishire.

If the court agrees with the insurance company, then the church and individual defendants would be left paying the costs to defend against the lawsuit.

The case is still pending before the U.S. District Court for the Northern District of Texas in Dallas. Gateway filed its answer to the lawsuit on February 9, denying that Church Mutual is entitled to the declaration it seeks.

Readers can find all the MinistryWatch coverage about the Morris’ abuse case and Gateway Church here.

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