How’s this for a catch 22:
A judge has ruled that a North Texas lesbian couple can’t live together because of a morality clause in one of the women’s divorce papers.
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.
This is another one of those laws in which both rich and poor are enjoined from sleeping under bridges:
[Texas District Court Judge] Roach said the clause doesn’t target same-sex couples, adding that the language is gender neutral.
“It’s a general provision for the benefit of the children,” the judge said.
And, of course, the husband’s attorney talks the same line — we’re only in it for the kids:
Paul Key said his client, Joshua Compton, wanted the clause enforced for his kids’ benefit.
“The fact that they can’t get married in Texas is a legislative issue,” Key said. “It’s not really our issue.”
Just remember: the state can’t touch our guns (or require tornado shelters) because of freedom…but adults’ private decisions about whom to love must suffer the full brunt of state power.
Image: Mary Cassatt, Jules Being Dried by His Mother, 1900.