A Texas judge has ruled that a Lesbian couple will lose their children if they continue to cohabitate.

According to an Associated Press report on the ruling, a clause in Carolyn Compton’s divorce states that her children are not allowed to spend the night with her while a “romantic partner” also spends the night. The clause could be side-stepped if the woman were to be married to the “romantic partner,” but gay marriage is not yet legal in the state of Texas.

Compton’s partner, Paige Price, has been ordered to move out of the home they share within 30 days, or Compton faces losing custody of her two daughters, ages 10 and 13. Compton’s husband reportedly wanted the divorce clause enforced for the “benefit” of the children.

According to the AP report, Compton and Price have argued that the divorce clause is unconstitutional, on the basis that it limits their “thought, belief, and experssion.”. The couple have stated that they will comply with the judge’s order, though they believe is could be “harmful to the children” and disruptive to their family.