Texas Catch 22 "Morality" Clause: Unmarried And Dating People Can't Live Together -- And Gay People Can't Marry
Anna Waugh writes at DallasVoice.com:
MCKINNEY -- Page Price and Carolyn Compton have been together for almost three years, but a Collin County judge is forcing them apart.Judge John Roach Jr., a Republican who presides over the 296th District Court, enforced the "morality clause" in Compton's divorce papers on Tuesday, May 7. Under the clause, someone who has a "dating or intimate relationship" with the person or is not related "by blood or marriage" is not allowed after 9 p.m. when the children are present. Price was given 30 days to move out of the home because the children live with the couple.
Price posted about the judge's ruling on Facebook last week, writing that the judge placed the clause in the divorce papers because he didn't like Compton's "lifestyle."
"Our children are all happy and well adjusted. By his enforcement, being that we cannot marry in this state, I have been ordered to move out of my home," Price wrote.
...Ken Upton Jr., senior staff attorney for Lambda Legal's Dallas office, said he is familiar with the case. He said morality clauses are rarely enforced and were historically used to prevent unmarried people from cohabitating with children present. Courts often include the clauses without people knowing, especially in conservative areas like Collin County, he said.
Gay couples are unfairly targeted under the clause because they can't legally marry in Texas, Upton said.
...The couple can appeal the decision, which would likely be overturned. Upton said many appeals courts look at the relationship and if it causes any harm to the children in deciding whether to honor the morality clause. Being that the couple already lives together with a healthy environment for the kids, Upton said they stand a good chance to win on appeal.
If the couple decides to appeal, he said the case could set an example in Texas for how courts will interpret the clause for gay couples.
"This could be an important case in Texas," he said. "I think it's a case to watch."
The situation is similar to a 2011 Houston case where a judge ruled that William Flowers couldn't leave his children alone with his partner, Jim Evans, because they were not related by blood or adoption, despite the couple being married. Had he ruled under the morality clause, the partner would have had to move out.







That's just crazy. Do hillbilly couples get special benefits in Texas if they're married AND related?
Andrew Hall at May 18, 2013 2:49 AM
It's kind of weird knowing that future generations will look back on this time as a "Dark Age."
Frank at May 18, 2013 8:12 AM
I could see something like this written and enforced in a bird's nest agreement divorce. (Bird's nest -- kid's stay in house; parents rotate out.) Doing this in a primary or regular joint custody agreement is just showing the mindset of the judge. Somewhere between neanderthal and stuck in the 50's.
Jim P. at May 18, 2013 8:50 AM
It doesn't happen often, but occasionally I'm embarrassed to be Texan. Not often, mind you, but now and again. This is one of those times.
On this issue, Texas is somewhat backward.
roadgeek at May 18, 2013 9:46 AM
Here we have another situation where a woman found marriage to a man, and sex with a man perfectly acceptable when she wanted to conceive kids.
Now she has "changed her mind" and wants the former husband and bio dad to go away, so she and the kids can form a new family with the new gay lover.
Of course the former husband needs to be forced by the court to continue sending child support, so the newly gay mom can have her cake and eat it too.
I would find this situation comical if it wasn't so fucking self righteous.
Live by family court, die by family court. If she wants to be married, she can move, and leave the kids with their dad.
Isab at May 18, 2013 10:06 AM
My brother's divorce had the same basic clause in it for both of them. It became an issue when one of them wanted to take in a roommate for extra cash. They would have had to be somewhere else three nights a week when the kids were there so never took in a roommate because of the hassle it would create.
I don't see this as a discrimination issue since they apply it to gay and straight couples. It's about controlling who is around the kids and when. It seems kind of outdated to me, although I could see plenty of situations where it would be a good idea, such as when mommy or daddy has a history of cycling through new partners every few weeks or so.
BunnyGirl at May 18, 2013 11:25 AM
You know, if you don't want to live up to a contract, don't effin' sign it!
Or better yet: renegotiate. They'll have to give up something, but that's the way it goes.
I R A Darth Aggie at May 18, 2013 1:00 PM
There are stupid laws everywhere and, if they were of a mind, Judges who could enforce them. Don't even try to tell me that California judges are unbiased and don't push a progressive agenda. I would rather live in Texas as opposed to the Socialist State of California any day. I can afford a house here, Amy. I don't have to rent and can afford my house without makng a quarter mil a year. The weather ain't as good and, yes, hurricanes are something I have to worry about but I can afford to live here with a normal salary. More importantly, the people are for the most part courteous and proud of their state. They have a sense of history and are accepting of others as long as they love Texas. I lived in California for 3 years as a member of the military. For 3 years, I was looked down upon for my service by the citizens of that "fair state". Fuck Them. The citizens of that shithole are getting everything they deserve from their Government. "Good and Hard" as Mencken would say. The weather in Cali is great but the average citizen is a mooching piece of garbage. Good luck paying for that since you are at least a productive part of the state.
causticf at May 18, 2013 1:30 PM
> Live by family court, die by family court.
Best thing ever said on these topics.
Crid [CridComment at Gmail] at May 18, 2013 3:02 PM
One solution not being mentioned here:
the homosexuals involved could go get what's termed reparative therapy, where their deviance gets cured, and they turn heterosexual. No, it's not certain, but it has a higher success rate than Alcoholics Anonymous. Act too weird, and you're going to eventually run across consequences you won't like.
Luke at May 18, 2013 4:04 PM
the homosexuals involved could go get what's termed reparative therapy, where their deviance gets cured,
Trolling troll who trolls.
MonicaP at May 18, 2013 4:53 PM
> One solution not being mentioned here:
> the homosexuals involved could go get what's
> termed reparative therapy, where their deviance
> gets cured, and they turn heterosexual.
Bunny, there's a reason that this isn't being mentioned here, either as a "solution" or in any other context, and your misapplication of the word "deviance" is a big part of that reason.
Searching with Google, we see that "Luke" appears of whenever Amy's postings brush up (languidly; poignantly) against the topic of men who like to kiss other men on the pee-pee.
Otherwise, "Luke" doesn't comment very much.
Now, Luke, is there something you want to share with the group? Something from a very dark and secret part of your heart that you'd never be able to share with your friends and associates in person?
It's an old joke... But I wish some of these straight men who're certain that preference is elective (and thus "reparable") would prove it. It by blowing a guy.
Crid [CridComment at Gmail] at May 18, 2013 5:52 PM
I wouldn't worry about it much Luke.
My feeling is that Crid himself is gay, otherwise he wouldn't be so damned bigoted against the whole concept.
It's OK Crid, you don't have to hide in the closet forever.
We understand.
Queen Canuck at May 20, 2013 4:06 PM
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