Lesbian Couple Can't Cohabitate In Texas: Judge Upholds ‘Morality Clause’ Obstructing Partners From Living Together
A lesbian couple can’t cohabitate in Texas because of a morality clause in one of the women’s divorce papers, the Associated Press reports.
The morality clause is common in divorce cases in Texas and other states. It keeps a divorced parent from having a romantic partner spend the night while children are in the home.
When the couple marries, they can be exempted of the legal provision – but that is not an option for gay couples in Texas, where such marriages aren’t recognized.
In a divorced hearing last month for Carolyn and Joshua Compton, Collin County District Judge John Roach, Jr. enforced the terms detailed in their 2011 divorce papers, according to Dallas Morning News.
The judge ordered Carolyn Compton’s partner, Page Price, to move out of the home they shared with the Compton’s two daughters, ages 10 and 13. Price was given 30 days to live somewhere else.
Paul Key said his client, Joshua Compton, wanted the clause enforced for his children’s 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 divorce. Carolyn Compton originally filed for divorce in September 2010.
Judge Roach said that the morality clause wasn’t neither intended nor targeted to same-sex couples, as the language in the provision is gender neutral. He added, “”It’s a general provision for the benefit of the children.”
Price and Carolyn Compton said in a statement that they believe the provision is unconstitutional. But also said that they would comply with the order despite the disruption and potential harm it can cause to the children.
In Collin County, the morality 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 Compton’s divorce, the clause was also added to their final divorce decree. This means that until Carolyn Compton is legally married, whoever her partner is can’t live in the same house where her children with Joshua Compton does.
