John Roach Jr says Carolyn Compton and Page Price cannot co-habitate because of 'morality clause' in Compton's divorce
A Texas judge has banned a lesbian couple from living together under a "morality clause" in one of the women's divorce rulings.
District judge John Roach Jr, of Collin County, in north Texas, added the permanent ruling to Carolyn Compton's divorce papers. The clause stipulates that Compton cannot have a romantic partner spend the night while her children are at home.
Roach has ordered Compton's partner, Page Price, to move out of the home the pair share with Compton's two children, stating that she has 30 days to leave the property.
The clause, which has no expiration date, states that if the couple were to marry, they would be allowed to co-habitate, but same-sex marriages are not recognised in Texas. Roach's decision leaves Compton and Price facing a lengthy legal battle which could end up in the US supreme court.
The Dallas Morning News reported that Roach enforced the morality clause in the divorce hearing for Carolyn and Joshua Compton.
The pair were married for 11 years before separating. Carolyn Compton filed for divorce in September 2010.
The morality clause is common in Texas and other states, and applies to every divorce case filed in Collin County, the Associated Press reported.
It usually applies while a divorce is pending and restricts either party from having a partner stay overnight while children are present.
In Compton's case, the clause was added to the final divorce decree, meaning Page must leave the home they have shared for three years.
Paul Key, representing Joshua Compton, said his client wanted the clause enforced for the benefit of his and Carolyn Compton's children, aged 10 and 13.
"The fact that they can't get married in Texas is a legislative issue," Key said. "It's not really our issue."
Making the ruling, Roach said the clause does not target same-sex couples and that the language in the law is gender neutral.
"It's a general provision for the benefit of the children," said Roach, a Republican whose website describes him as a "Proven judge. Proven conservative." But with same sex couples unable to marry in Texas, Compton and Price say they believe the clause is unconstitutional.
The couple 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."
"[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," Compton and Price said in a statement. They said they are considering whether to file an appeal. Reported by guardian.co.uk 4 days ago.
A Texas judge has banned a lesbian couple from living together under a "morality clause" in one of the women's divorce rulings.
District judge John Roach Jr, of Collin County, in north Texas, added the permanent ruling to Carolyn Compton's divorce papers. The clause stipulates that Compton cannot have a romantic partner spend the night while her children are at home.
Roach has ordered Compton's partner, Page Price, to move out of the home the pair share with Compton's two children, stating that she has 30 days to leave the property.
The clause, which has no expiration date, states that if the couple were to marry, they would be allowed to co-habitate, but same-sex marriages are not recognised in Texas. Roach's decision leaves Compton and Price facing a lengthy legal battle which could end up in the US supreme court.
The Dallas Morning News reported that Roach enforced the morality clause in the divorce hearing for Carolyn and Joshua Compton.
The pair were married for 11 years before separating. Carolyn Compton filed for divorce in September 2010.
The morality clause is common in Texas and other states, and applies to every divorce case filed in Collin County, the Associated Press reported.
It usually applies while a divorce is pending and restricts either party from having a partner stay overnight while children are present.
In Compton's case, the clause was added to the final divorce decree, meaning Page must leave the home they have shared for three years.
Paul Key, representing Joshua Compton, said his client wanted the clause enforced for the benefit of his and Carolyn Compton's children, aged 10 and 13.
"The fact that they can't get married in Texas is a legislative issue," Key said. "It's not really our issue."
Making the ruling, Roach said the clause does not target same-sex couples and that the language in the law is gender neutral.
"It's a general provision for the benefit of the children," said Roach, a Republican whose website describes him as a "Proven judge. Proven conservative." But with same sex couples unable to marry in Texas, Compton and Price say they believe the clause is unconstitutional.
The couple 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."
"[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," Compton and Price said in a statement. They said they are considering whether to file an appeal. Reported by guardian.co.uk 4 days ago.