McKinney, TX – A Texas judge has ruled that, due to a morality clause in one of the women’s divorce papers, a lesbian couple will not be permitted to co-habitate.
The morality clause, typically applied in the cases of divorce with children, bars romantic partners from spending the night while kids are at home. But, if a couple marries, they can be relieved of the restrictive decree.
However, as gay unions are not legally recognized or considered, the rule has created unforeseen and difficult hurdles in the intermingling of homosexual couples and their ability to dwell in the same residence.
Fox News reported that during 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, ordering Carolyn’s lesbian partner, Page Price, to move out of the home.
The two women had been sharing the dwelling with the Comptons’ two daughters, ages 10 and 13, which based on the terms of the court papers was unacceptable. The judge gave Price 30 days to find another place to live.
The Compton’s had been married for 11 years until Carolyn filed for divorce in September 2010. Joshua Compton had his attorney Paul Key enforce the action for the sake of their children.
Carolyn and Page conveyed that the stipulation, although noted as gender neutral by the judge, is unconstitutional given there is no option recognizing gay marriage as a possible release. Therefore, they are seemingly permanently bound to it.
In the case of the Compton’s divorce, there is no expiration date on the clause. The couple finds the morality law a burden, regardless of sexual orientation, as it places unreasonable limits on parental decisions.
With no other available legal recourse at this time the couple intents to comply with the order. However, they are considering whether to file an appeal.
Do you think there should be an amended provision allowing for homosexual cohabitation in these types of decrees? Or should the morality clause stand as is unless appealed?
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