Texas judge: Lesbian couple can't cohabitate

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MCKINNEY, Texas �

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 Dallas Morning News ( http://dallasne.ws/16MlSUQ) reported
that in a divorce hearing last month for Carolyn and Joshua
Compton, Collin County District Judge John Roach Jr. enforced
the terms detailed in their 2011 divorce papers.

He ordered Carolyn Compton's partner, Page Price, to move out of
the home they shared with the Comptons' two daughters, ages 10
and 13. The judge gave Price 30 days to find another place to
live.

Paul Key said his client, Joshua Compton, wanted the clause
enforced for his kids' benefit.

"The fact that they can't get married in Texas is a legislative
issue," Key said. "It's not really our issue."

The Comptons had been married for 11 years before their split.
Carolyn Compton originally filed for divorce in September 2010.

Roach said the clause doesn't target same-sex couples, adding
that the language is gender neutral.

"It's a general provision for the benefit of the children," the
judge said.

Price and Carolyn Compton said in a statement that they believe
the clause is unconstitutional. But they also said they would
comply with the order "even though it will be disruptive to
their family and has the potential of being harmful to the
children."

They also said in the statement that the clause "is a burden on
parents, regardless of their sexual orientation, that takes away
and unreasonably limits their ability to make parental decisions
of whom their children may be around and unreasonably limits
what the United State Supreme Court has identified as the
liberty of thought, belief and expression."

They are considering whether to file an appeal.

In Collin County, the clause is part of the standing orders that
apply to every divorce case filed and remains in force while the
divorce is pending. In the case of the Comptons' divorce, the
clause was also added to their final divorce decree. It has no
expiration date.

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ouplemoralityclause.html?prmid=obinsource