TEXAS: Judge Rules That Divorced Woman Can't Cohabitate With Female Partner

Citing a morals clause in the woman's divorce decree, a Texas judge has ruled that she cannot live with her new female partner and still retain custody of her children. 

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 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.

After the ruling the ex-husband's lawyer said, "The fact that they can't get married in Texas is a legislative issue. It's not really our issue." Carolyn Compton says that she and her partner will obey the ruling even though they believe it to be unconstitutional. They are considering an appeal.