Judge John Roach Jr. Enforces Morality Clause In Divorce, Orders Lesbian Couple To Separate

The facts are these:

• Carolyn Compton was married to a man and together they had two children. They were divorced in 2011.
• For the past three years, Carolyn Compton has been involved in a same sex relationship with Paige Price.

Therein lies the rub …..

In Collin County, Texas, Judge John Roach Jr., a Republican—naturally—who presides over the 296th District Court, enforced the “morality clause” in Compton’s divorce papers last week, basically telling Paige Price she cannot legally live with Carolyn Compton.

Under the morality clause—and isn’t it always the GOP who trumpet their morality—someone who has a “dating or intimate relationship” with the person or is not related “by blood or marriage” to that person is not allowed in the home after 9 PM when the children are present. 

Paige Price, who says the judge, himself, placed the clause in the Compton’s divorce papers because he didn’t like Compton’s “lifestyle”, has 30 days to move out of the home because the children live with the two women couple.

“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.”—Paige Price

The judge apparently did not bother to learn that, not only does Carolyn’s ex-husband, Joshua Compton, rarely see his two children, but that he was once charged with stalking Compton. Court records show the ex-husband, Joshua Compton, was charged with third-degree felony stalking in 2011 but pleaded to a misdemeanor charge of criminal trespassing.

Ken Upton Jr., senior staff attorney for Lambda Legal’s Dallas office, says these so-called ‘morality clauses’ are rarely enforced and were historically used to prevent unmarried people from cohabitating with children present. And since gay couples are legally barred from marrying in Texas, and since courts often include morality clauses without people knowing, Upton says that gay couples are being unfairly targeted.

“It’s a problem that continues with homophobia.”—Ken Upton

Price and Compton can appeal the decision, which would likely be overturned; Upton believes that since the couple already lives together with a healthy environment for the kids, they stand a good chance to win on appeal.

This is yet another example of the roadblocks that LGBT couples face because of bans on same-sex marriage, and Republican ‘activist’ judges who impose their own bent morality on others. I checked around this whole internet-y thing and haven’t found one case where this ‘morality clause’ was imposed on a heterosexual couple.

So, again, anyone who thinks the need for a full federal recognition of same-sex marriages needs to take a good look at a couple being torn apart because they happen to be gay; a couple who chose to commit to one another and to co-parent  children, being told they are not allowed to do so.

Way to go Texas.

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