Texas Judge Blocks Woman From Living With Lesbian Partner at Ex-Husband's Request

[Coyotl]

Only in Texas!

Texas Judge Blocks Woman From Living With Lesbian Partner at Ex-Husband's Request
http://www.slate.com/blogs/the_slatest/2013/05/22/carolyn_compton_page_price_citing_morality_clause_texas_judge_john_roach.html

Here's a story that's been bubbling up for a while but appears to have finally broken through to the larger news cycle, via the Associated Press:

A judge has ruled that a North Texas lesbian couple can’t live together because of a morality clause in one of the women’s divorce papers. The clause is common in divorce cases in Texas and other states. It prevents a divorced parent from having a romantic partner spend the night while children are in the home. If the couple marries, they can get out from under the legal provision—but that is not an option for gay couples in Texas, where such marriages aren’t recognized.

The issue appears to have first arisen last month during a divorce hearing for Carolyn and Joshua Compton in Collin County, Texas. According to the Dallas Morning News, District Judge John Roach Jr. decided to enforce the letter of the terms detailed in the former couple's 2011 divorce papers, and ordered Carolyn's partner of nearly three years, Page Price, to move out of the home she shared with Carolyn and her 10- and 13-year-old daughters. It was the ex-husband who requested the clause be enforced, according to his lawyer.

In handing down the ruling, the judge argued that the clause was "a general provision for the benefit of the children," and one that was not written to specifically target homosexuals. While that last part my be true, it's obvious that the provision affects homosexuals differently than it does their straight counterparts given that the Lone Star State doesn't allow gays and lesbians to marry. According to the AP, the so-called morality clause is part of a standing order that applies to each and every divorce case ....

[uppityperson]

1. Thanks for posting this, was just reading about it. GMTA. BAH

[eppur_se_muova]

2. The Onion would never make this up -- it's too surreal to be parody. nt

[niyad]

3. can anyone from texas verify that these so-called "morality clauses" are MANDATORY in divorce

cases? according to one article I read, the repuke judge himself put that clause in.

[Gravitycollapse]

4. The title is a wee-bit misleading.

As I was expecting an actual ex-husband trying to keep the couple apart.

He's keeping the woman out of his house. Which is fucked up in its own right. But that is not what the title really asserts. And I have seen similar shit shows with straight couples.

[derby378]

5. If you're getting a divorce, READ THE FINE PRINT

A clause like this one is absolutely not your friend. Carolyn needed a more aggressive divorce lawyer.

[NaturalHigh]

6. Actually, clauses like this are fairly common in divorce cases with kids.

[R B Garr]

7. Yes, there are plenty of straight couples who have to abide

by a divorcing spouses wishes with regard to children and who the ex can bring around them and under what circumstances. While it may seem discriminatory in this particular case, it does provide for consistency for children who may be at risk of being exposed to some unsavory behavior or strangers.

[gopiscrap]

8. That's so fucked up

figures it's in some redneck state

[m1ch3ll3]

9. Response from Texas

Neither party asked for the morality clause in the final hearing(both agreed to it in the temporary papers which is standard) the judge stated on the record "Ms. Compton, I don't like your lifestyle, so I am leaving the morality clause in place" Ms. Compton did formally object to the clause (on the record) during the final divorce hearing, but the judge stated he was not amending the ruling in any way. The judge's signature is the only one on the divorce decree because it had to go to a motion to sign and at that point nobody signs but the judge. This "concerned father" rarely exercises his visitations with his children. The judge was asked if the mother went to another state to marry would he recognize it and he stated "the state of Texas does not recognize homosexual marriages" She plans to comply with the judges orders.

[NaturalHigh]

11. The judge stated on the record?

Do you have a link for any of this? That seems very unusual.

[xmas74]

10. It's a pretty common clause.

I have a friend going through it right now, but on the other side. Her ex husband moved in with a woman recently across the state line. The woman's 26 year old son also lives in the house. The son has an open Facebook page and has made some odd comments about finding little boys attractive. The mother has been in trouble with the law over drugs in the past and is currently on probation for a DWI.

My friend is taking advantage of the clause in their divorce to keep her sons from staying in their home. She follows the visitation and is fine with the weekends but just not in that home. (His parents have offered their home instead. They won't speak with my friend but have told her oldest son, who is out of high school, that they wouldn't trust the new girlfriend or her son around the kids.) The upcoming court fight is coming in because her ex and the new woman are getting married in two weeks. (They've known each other for less than two months.) Once they're married it'll be much harder for her to keep the boys out of their house and away from a possible predator and from a person who borrows friends vehicles so she doesn't have to use the ignition interlock.

It's a pretty common clause in many states and it's there for what can be a very good reason. Unfortunately, in this case, it's being used unfairly.