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Republican Texas judge orders lesbian couple to live apart or lose children

A Republican Texas Judge has ordered a lesbian couple to live apart or give up custody of their children. According to Think Progress, Judge John Roach of McKinney, Texas has given Page Price 30 days to move out of the home she shares with Carolyn Compton and Compton’s two children from a previous marriage because he does not approve of Compton and Price’s “lifestyle.”

Roach has placed a “morality clause” in Compton’s divorce papers, which forbids Compton from having anyone she is not related to “by blood or marriage” in her home past 9:00 p.m. if the children are present. Same sex marriage is illegal in Texas, so by law, Compton cannot live with Price if she wishes to retain custody of her children.

Compton said that she and Price have been together for three years. Compton’s ex-husband rarely bothers to see the children and was previously arrested on charges of third-degree felony stalking in 2011, charges that he was able to plea down to criminal trespassing, a misdemeanor.

n a post on Facebook, Price wrote that Roach had inserted the morality clause into the divorce agreement when Compton’s ex-husband Joshua Compton attempted to gain custody of the children in 2011. The judge wrote that he disapproved of the two women’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.

The two women are working with attorneys to figure out what steps they can take to fight the state’s notoriously conservative court system.

Ken Upton Jr., senior staff attorney for Lambda Legal’s Dallas office, told the Dallas Voice newspaper that morality clauses are a holdover from a time when judges tried to keep people with children from living together outside of marriage. Courts often insert the clauses without telling the people involved, particularly in backward, conservative areas like Collin County, Texas.

“What the clause has become is an extra burden on gay people because they’re no more likely to violate it than straight people,” Upton told the Voice. “It’s a problem that continues with homophobia.”

by Anonymousreply 4305/20/2013

What an incredible story. We're not used to hearing stuff like this nowadays most other places. What the hell is wrong with Texas and why are they always so behind? Backwards. They're always very late to the party and get stuck in a rut with fashion trends as well. Is it the sometimes unbearable heat?

by Anonymousreply 105/19/2013

Unreal. The morality clause also forbids men in the house after 9:00. This sounds illegal.

by Anonymousreply 205/19/2013

Roach is aptly named, is he not?

by Anonymousreply 405/19/2013

So what's an appropriate consequence of this conservative judge's actions? We should have a poll.

by Anonymousreply 505/19/2013

McKinney is not some rural hellhole. It's a rich suburban district. All GOP suburbanites ought to be rounded up and put in concentration camps. There is not a one who is not a traitor to the USA.

by Anonymousreply 605/19/2013

You know how the GOP hates activist judges so I'm sure they're protesting this guy and his ruling as we speak.

by Anonymousreply 705/19/2013

[quote]What the hell is wrong with Texas

Same thing that's the matter with us.

by Anonymousreply 805/19/2013

Because FREEDOM! Because Smaller, Less-Intrusive Government!

by Anonymousreply 905/19/2013

[quote]So what's an appropriate consequence of this conservative judge's actions? We should have a poll.

Since there's no poll, everyone complaining about this decision should also suggest what should be done about the judge. What's your ideal response?

by Anonymousreply 1005/19/2013

He should be disbarred, and made utterly unemployable, and thus totally dependent on the state.

by Anonymousreply 1105/19/2013

I'd say Fuck It and move out of Texas.

by Anonymousreply 1205/19/2013

The Hate State

by Anonymousreply 1305/20/2013

Good, we need this shit to keep happening to show both the friends on the fence and the new generation of "not gay" men that discrimination is not gone and the war is not over.

by Anonymousreply 1405/20/2013

Texas is a horrible, horrible, horrible place. I pride myself on never having been there. I might would fly over it just to hang my ass out of the plane and take a big shit on that conservative, backwoods, ignorant piece of shit state. 95% of Texans are idiots. They are unwashed, uneducated and ignorant!

They are all religious fanatics, hypocrites, homophobes and racists. I wish a big sink hole would open up and swallow the whole state and all of its ignorant, dirty people. They (along with Oklahoma, Kansas, Tennessee, Mississippi and Georgia) are an embarrassment to humanity. They are a joke to the rest of the country and to the world.

by Anonymousreply 1505/20/2013

Texas is indeed horrible. Even Austin is repellant -- there are nice parts of it but most of it is now just suburban sprawl filled with right wing voters--the county still votes democratic, but by smaller and smaller numbers. And the rest of the state is truly pathetic, a windblown, dry as dust mass of ugly scenery and uglier people.

Please make it leave the union.

by Anonymousreply 1605/20/2013

I beg to differ, R15. There are a lot of good people in Texas. They are pockets of the types of people you mentioned but, by and large, the people of Texas are caring and good people. Don't let a few little pockets of idiocy taint your view of the entire state.

by Anonymousreply 1705/20/2013

Texas is full of FAT FAT FAT FAT HOMOPHOBES! DIE TEXAS!!!!!!!!!!!!!!!!!!!!!!!!!!

by Anonymousreply 1805/20/2013

People say Texas will be more Liberal as the Hispanic population grows. I think that is bullshit. I spent many years in Texas (1979-2010) and some of the most religious and conservative people in Texas are the Mexican-Americans. Fact! I do not see Texas becoming a Liberal State in the next 50 years.

by Anonymousreply 1905/20/2013

Just so everyone is clear, this morality clause is commonplace and it is not specific to same sex partners. Yes, it is hopelessly out of date and seems like a joke post on one of the "think of the children" threads, but it is not as unusual as you might think.

However, the fact that the judge is using the clause to punish the wife is certainly questionable. It is also pretty useless as there is nothing the couple can't do between 9:00am and 9:00 pm that they couldn't do after 9:00. This judge seems to have an antiquated notion that sex is only done after dark, in a bed, with the lights out.

by Anonymousreply 2005/20/2013

Believe it or not, in TN we got the Supreme Court to require a specific showing of harm, by expert testimony, before a judge can put this clause in a parenting order.

by Anonymousreply 2105/20/2013

Texans are idiots.

by Anonymousreply 2205/20/2013

Also, another variation on this clause is that the person not related by blood or marriage cannot be in the house at sunrise, leading to a lot of people driving around for an hour or so until the sun has risen.

by Anonymousreply 2305/20/2013

They can't leave Texas because the agreement likely prohibits that as well. My partner and I have lived 150 miles apart for eight years because both of us have children and neither can move.

Her ex lied in an ex parte hearing with the judge, got the ruling he wanted without her having a chance to respond and then when called on the lie, just shrugged and blamed "a cut and paste error."

We can't get married in this state, and we can't move to a state where marriage is possible.

by Anonymousreply 2405/20/2013

If the couple gets married in a state that recognizes marriage equality, and returns to Texas, could they oppose the order? Or will that have to wait until DOMA is overturned?

In NY State, even before marriage equality was brought in, then-Gov David Patterson ordered the state to recognize same-sex marriages performed in other jurisdictions where they were legal.

by Anonymousreply 2505/20/2013

"I don't know why we need gay marriage! It's just gays who want to be like the straights and throw a big party for the gifts. You can get all the rights you need by hiring an attorney and spending a few thousand to get some papers drawn up. Besides, homophobia ended when Matthew Shepard died in the 1800s. I saw it on TV once."

by Anonymousreply 2605/20/2013

[quote]Texas is a horrible, horrible, horrible place. I pride myself on never having been there.

Good lord, the irony. I hate Texas but at least I've actually been there. Austin is great and has lots of liberals. Ann Richard is a famous liberal Texan. Ladybird Johnson was another great Texan with prigressive values. Plenty of gay or Latino Texans exist, and I'm sure they regularly defy your ignorant assumptions as well.

The culture and general backwardness of the majority is bad, but I'd never smear every last resident of the state. Having actually been there and met some of them, I mean.

You sound flamingly stupid.

by Anonymousreply 2705/20/2013

R26, while I don't disagree with you, the real issue here is a judge imposing his personal feeling on a case. This is not specific to gays and lesbians. I know a heterosexual couple who had the same experience because they are Wiccan and the husband was not. Judges have no business approving or disapproving of anyone's "lifestyle".

by Anonymousreply 2805/20/2013

[quote] prigressive

That gave me a good laugh as it probably best describes me- a liberal martinet.

by Anonymousreply 2905/20/2013

All the old Texans will die soon. Things will change.

by Anonymousreply 3005/20/2013

[quote]Texas is a horrible, horrible, horrible place. I pride myself on never having been there

Everywhere outside Houston and the parts of Austin where Apple/Samsung/Facebook etc. types live is indeed awful, but when you're in Houston you just don't feel like you're in Texas. Stories such as this come as a complete shock.

by Anonymousreply 3105/20/2013

In North Carolina, these clauses are common place, regardless of the sexual preference of the parties. If a party contends that, since the entry of the order with clause, the relationship in which they find themselves is substantially different from when the order was entered (i.e. more serious/longer/whatever)and has a material impact on the minor children (i.e. they love the partner of the custodial parent) => our courts will modify the order to allow that partner to reside in the home. But - court's use a cautious approach with all live in boyfriends and girlfriends, without regard to orientation. Studies have shown that it is harmful to have people moving in and out of kids lives. Our court's just like a showing of stability.

by Anonymousreply 3205/20/2013

I've lived in Texas for over a year now - Arlington - and although I try to defend it as "not that bad" and "there are some good people" - no. This place fucking sucks every dick in existence.

by Anonymousreply 3305/20/2013

What does one thing have to do with the other? I wasn't super excited about Jamaica's stance on anything lately either.

by Anonymousreply 3505/20/2013

I agree about Houston. I have family there and it's not so bad. It's not New York but it has museums, interesting restaurants.

by Anonymousreply 3605/20/2013

Are you for real R37? Check out this link for a clue.

by Anonymousreply 3805/20/2013

I've lived in Dallas for 7 years now and have made a lot of friends and met my partner 5 years ago. We're involved in charities, a gay group that we started and have a lot of bar acquaintances. Maybe we live in a bubble but by and large, people are very nice here, both straight and gay.

I'd be depressed if I lived in Arlington too.

by Anonymousreply 3905/20/2013

I'm with you, R39, but also Dallas ain't all that. We of course go in all the time (just to visit a restaurant for god's sake), but Fort Worth lately has been kicking Dallas' ass - having said all that, I still find Texans, even the loveliest ones in the world, to have a hidden streak that comes out of nowhere. And if you can choke down the constant GOD LOVES TEXAS, you're a better person than I am. Yes, god loves your near total lack of culture, ignorance of the outside world, and sweeping landscapes of scrub brush and fire ants. God's own, for sure.

by Anonymousreply 4005/20/2013

The ACLU needs to get involved.

by Anonymousreply 4105/20/2013

Democrats in Texas would do the same thing. Texans hate gays, always have.

by Anonymousreply 4205/20/2013

r40 - Are you the poster from Arlington?

Fort Worth is great also. It's one of those things where every time we go there, we say, "We should come more often."

Arlington has only the 1861? Bar featuring the worst drag in the world and smells like there's a dead body buried under the bar.

Both Dallas and FW have there good points as well as bad. Just like everywhere else I've lived.

by Anonymousreply 4305/20/2013
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