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

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  •  Wrong, Texas law prohibits gay marriage, so she (6+ / 0-)

    is not treated the same as hetero ex's.

    And you also ignore the effect on the fundamental right of 1st A freedom of association and due process right to intimite relations (albeit, that latter 'substantive' dp caselaw mostly arose from married situations, e.g. Griswald, but has since been extended to unmarried relations, e.g., cases striking down retricting contraception to married persons only).

    The question is not is there a federal issue, but will the courts take it?

    •  chris - all of what you wrote would be important (0+ / 0-)

      if the morality clause was required and not something included and agreed to by both parties. It's hard to craft a constitutional issue out of a contract that was negotiated and agreed to by two private parties.

      "let's talk about that"

      by VClib on Sat May 18, 2013 at 09:27:28 PM PDT

      [ Parent ]

      •  It is against public policy, a common grnd to void (0+ / 0-)

        contract clauses, which is all an this is even after reduced to a decree.

        She culd also go back to modify and delete it.  If the judge refuses, it is no longer 'just a contract' but now becomes a state-imposed condition.  I very much doubt the rest of the terms of the agreement hinged on including this clause and I doubt an appeals court - or trial judge who doesn't his head up his preachers arse - would find otherwise.

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