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View Diary: Texas judge orders lesbian couple to split up or lose children (190 comments)

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  •  Your last quote is so ironic. (2+ / 0-)
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    doc2, lostboyjim

    This was a private contract.

    Was it a stupid contract? Of course. Would I be in favor of a state law that makes such clauses unenforceable? Of course.

    But that isn't the case here. The judge should have enforced it. Period. Regardless of sexual orientation.

    You won't find a bigger LGBT ally than me. But this case is not about LGBT rights. It just happens to involve an LGBT litigant.

    If your idea of the rule of law is "The litigant was LGBT; therefore she should have won" then I just don't know what to say to you. That appears to be your reasoning.

    •  OK (1+ / 0-)
      Recommended by:
      Lost and Found

      No need to say anything to me....

      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.
      So, an ex who is upset that his marriage ended because his wife was gay could use it against her later.
      “What the clause has become is an extra burden on gay people because they’re no more likely to violate it than straight people,” he said. “It’s a problem that continues with homophobia."
      (Article appeared in the DallasVoice print edition May 17, 2013)
      My last quote remains.  And considering everything, it is ironic.

      I think, therefore I am........................... Plus ca change, plus c'est la meme chose....AKA Engine Nighthawk - don't even ask!

      by Lilyvt on Sat May 18, 2013 at 07:21:53 PM PDT

      [ Parent ]

      •  Courts don't include clauses in private contracts. (2+ / 0-)
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        doc2, lostboyjim

        They approve contracts privately negotiated by the parties. I think the defendant should have read a contract that defines her rights to custody of her child, but maybe I'm the crazy one.

        And any court will enforce an enforceable clause in a contract. They might be rarely enforced by the spouse. You should distinguish that from the situation where the facts were before the court, the claim was brought, and the law is clear.

        •  The court judge may have sneaked it in... (0+ / 0-)

          The article states "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.”"

          What makes that clause voluntary on the part of the participants if the judge inserted it?  Kind of throws out the argument here.

    •  yes, your last sentence sums it up (1+ / 0-)
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