Texas judge orders lesbian couple to live apart or lose children (federal, claim)
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I'm simply stating they don't have that option under the law (as a straight couple likewise partnered for 3 years and living together would) - hence they are not afforded the same access to the legal protections of the law.
That's separate from the divorce decree, which simply prohibits people of either sex from being in the home after 9 pm. The judge isn't making any sort of determination about marriage - nor is the parent or the lover asking to be married, or even expressing a desire to be married, from what I can tell.
So far you have one story by one person and she says the judge did this because she's gay.
And none of them, including lawyers for each side will talk to the press.
So there's more to this than a Facebook posting.
And you don't know that the ex husband didn't move to enforce that clause.
You are absolutely right. As I said from my first post, we do NOT have enough unbiased information on this case to pass judgment on what the real issue is.
Again, it very much does. Were this couple straight, they would have the option to marry and this clause in the divorce would be completely and entirely moot. But they're gay, so they have no option.
Now do you see how this story and marriage equality very much relate?
But there's no indication that they even want to get married.
She may have a clause in there that does not allow her to move out of state with the kids. That is a very common clause.
This is true.
My ex husband up and moved half way across the state (200 miles away) and I had to provide half the transportation for his visitation every other weekend.
But if I had wanted to move thirty miles into the next state, he could have thrown a fit (and probably would have).
But there's no indication that they even want to get married.
So? What does that have to do with my point that they, as a couple, don't have the option to access the legal protections afforded by marriage - protections that in this specific instance would make the clause in the divorce moot.
My ex husband up and moved half way across the state (200 miles away) and I had to provide half the transportation for his visitation every other weekend.
But if I had wanted to move thirty miles into the next state, he could have thrown a fit (and probably would have).
How maddening.
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