States move to ban NDAs that silence survivors of child sexual abuse

Editor’s note: If you or someone you know needs help, the national suicide and crisis lifeline in the U.S. is available by calling or texting 988. There is also an online chat at 988lifeline.org.

WASHINGTON, D.C. – Cindy Clemishire was 12 years old on Christmas night in 1982 when a traveling evangelist staying with her family first abused her.

According to Clemishire, the sexual abuse continued over the next four years. She eventually told her family and the abuse stopped. But her abuser, Robert Morris, went on to found Gateway Church in Texas, which became one of the largest megachurches in the nation.

When Clemishire sought restitution in 2007, Morris’ attorney offered her $25,000 if she would sign a nondisclosure agreement that would prevent her from speaking publicly about the abuse. She refused.

“Had I agreed to that NDA, Robert would have continued to have power over me,” Clemishire told Texas lawmakers last May, as she urged them to pass a state law that would ban nondisclosure agreements in child sexual abuse civil cases.

“Because I refused to sign that NDA at 37,” she said, “I am able to sit here today at 55 years old and share my story in hopes of helping others.”

Texas Gov. Greg Abbott, a Republican, signed the bill into law last June. Texas joined other states, including California, Missouri and Tennessee, in prohibiting nondisclosure agreements, or NDAs, from being used in civil settlements that involve child — and in some states, adult — sexual abuse.

Morris pleaded guilty to child sex abuse charges in October, publicly admitting what he did to Clemishire.

Because I refused to sign that NDA at 37, I am able to sit here today at 55 years old and share my story in hopes of helping others.

– Cindy Clemishire, sexual abuse survivor and advocate for state law reform

This year, Clemishire’s home state of Oklahoma, as well as Alabama and Georgia, are considering similar laws.

Oklahoma’s bill was introduced this week. Last month, Alabama lawmakers unanimously passed identical bills in the state House and Senate. If one of the bills passes the other chamber, it will head to the governor’s desk. In Georgia, Republican Gov. Brian Kemp announced during his final State of the State address last month that he would support a version of the law.

Kemp said the bill would “further protect our children, expose abusers, and save lives by preventing the silence imposed on far too many victims.”

Many of the new bills are versions of Trey’s Law, model legislation — first passed in Missouri — named for Trey Carlock, a survivor of child sexual abuse. Carlock died by suicide in 2019 at age 28. Though his abuser was convicted of sexually abusing several boys, Carlock had signed a nondisclosure agreement in a civil settlement that prevented him from speaking about his abuse at Kanakuk, a popular Christian sports camp based in Missouri, and the camp’s role in enabling the abuse.

Elizabeth Phillips, Carlock’s sister, later founded the Trey’s Law movement in his memory. Trey’s Law works to get NDA bans passed at the state and federal levels.

Such bills attempt to address a civil litigation issue that gained increased attention during the #MeToo movement. Organizations such as Kanakuk that are caught up in child abuse allegations sometimes offer financial settlements to abuse survivors in exchange for their signing agreements that legally restrict them from speaking publicly about the abuse or the organization’s role in it.

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Critics of these kinds of NDAs say they’re a legal tool — originally intended to protect confidential corporate information — that’s been misused to suppress survivors’ stories and shield organizations that enable abuse.

“NDAs may be presented as legal formalities, but in cases like mine, they are tools that continue the abuse,” Clemishire told Texas lawmakers last year. “They protect the abuser and keep victims in shame. They prevent the children from being protected and they make it harder to stop abuse from happening again.”

State laws vary in their protections. California enacted a law in 2016 banning NDAs for felony sex offenses, child sexual abuse and sexual assault against vulnerable adults, such as older adults and those with disabilities. Tennessee‘s 2018 law voids NDAs in child sexual assault claims. New Jersey, New York and Pennsylvania have placed restrictions on NDAs. Various courts have also struck down some NDAs that appeared to be designed to hide misconduct.

There’s not currently a federal law analogous to Trey’s Law, though Congress has tried to address the issue. The 2022 federal Speak Out Act specifically targets preemptive NDAs used in workplaces. It nullifies nondisclosure contracts that are signed, often as a condition of employment, before a dispute involving sexual assault or sexual harassment happens. But the law doesn’t apply to NDAs signed after allegations are made.

Much of the new state legislation, such as in Oklahoma and Texas, applies retroactively, nullifying older NDAs. Alabama’s bill would only apply to contracts entered into or amended after the measure is signed into law.

It’s difficult to find public detractors for such legislation. It’s one of the few issues that has, so far, united both sides of the political aisle. In the handful of states that have enacted bans on NDAs in sexual assault cases, they’ve passed with unanimous or near-unanimous bipartisan support.

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But in Alabama last month, Republican state Sen. Greg Albritton expressed concern that a blanket ban could harm churches and institutions like the Boy Scouts of America that have faced civil allegations that they ignored child abuse or protected abusers.

“That nondisclosure statement is a lifeline, very often, for the institution to continue its efforts in trying to do good,” Albritton told Alabama lawmakers from the Senate floor, adding that he believes NDAs allow organizations to implement reforms and move forward. “If we pass this, we could be doing damage to institutions — including churches, including those not-for-profit organizations — that are doing their best to do good in the communities.

“I would caution that eliminating that tool from civil procedure does more harm to our society than it does good.”

The lawmaker sponsoring Alabama’s bill is another Republican, state Sen. Matt Woods. The Alabama version of Trey’s Law is his first bill in the Senate, after he was elected in a June 2025 special election. He said the bill was brought to his attention by some of Carlock’s relatives who live in his home county.

“We need to allow victims of this terrible act to heal,” Woods told the Alabama Reflector in January.

“The only way they can heal is to be able to disclose what’s happened to them, talk about it, and move on with the healing process.”

Stateline reporter Anna Claire Vollers can be reached at avollers@stateline.org.

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org.

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