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Gay couple plans to appeal restrictive custody ruling by ‘homophobic’ judge

Tuesday, September 13, 2011

A Houston gay couple said they will appeal a ruling in a child custody case because the judge ordered that the divorced father of three is prohibited from ever leaving his children alone with his husband, or any other man who is not related to the children “by blood or adoption.”

William Flowers (left) and Jim Evans

William Flowers, and his husband Jim Evans — who married last year in Connecticut — called the judge homophobic, and they are being punished for being gay.

A jury denied Flowers’s request for custody of his twin nine-year-old girls and 14-year-old boy. But the verdict came back with a little something extra.

In an injunctive section, Judge Charley Prine ordered that Flowers cannot leave his children with any man who isn’t part of the family “by blood or adoption” without Lacey’s express permission.

Male babysitters, doctors, neighbors — not to mention Jim Evans, Flowers’s husband — were barred from exclusive contact with the children.

The ruling, issued last month, was signed on Friday.

KTRK-TV has this interview with the couple:

Austin family law attorney Jennifer Cochran said the ruling “strikes at the very heart of the fact that he’s gay … it’s judicial activism, legislating from the bench,” and has nothing to do with protecting the best interests of the children.

Diana Sims, an attorney, said she’s never seen anything like this. “For the judge to slam him like this for no reason whatsoever is just pure homophobia,” she said.

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Filed under: Texas

22 more reader comments:

  1. I hope they ripp that juge apart!

    Posted on Monday, September 12, 2011 at 10:28pm
  2. The calendar should read 2011BC….yet it doesn’t. Shame on you Judge! Our fight is exhausting.

    Posted on Monday, September 12, 2011 at 10:33pm
  3. Just pure bullshit! His vengeful ex is like the Spider Woman! (Not to be confused with Tobey Maguire)

    Posted on Monday, September 12, 2011 at 10:58pm
  4. so the same ruling should apply to women who remarry. if i were a lawyer i’d flood the court with custody cases where the mother got remarried and the father wants custody. since in this judges opinion that has been upheld states that children should not be left alone with ANY MAN who is not related by blood or adoption. how insane.

    Posted on Monday, September 12, 2011 at 11:51pm
  5. Wow. This judge is certainly one of the great legal minds of our time.
    In accordance with his ruling, this young man cannot:

    1. Go to school, since school employees who are male are not related by
    birth or adoption.

    2. Go to the doctor except with his father present, unless the
    physician is female, with an all-female staff.

    3. May not go over to his friend’s homes; their male parents/siblings
    do not fall under the birth or adoption relation clause.

    4. May not spend time with his mother in the company of any male
    companion, boyfriend, or co-worker of hers, as this would also violate the ruling.

    5. Can’t call the police; police officers are primarily male; very few if any
    are related to this young man by birth or adoption. Also applies to calling
    the fire department or an ambulance for emergency help.

    6. Can’t shop at any store where there are males or male employees if his
    father is not also present.

    Who let this douchebag on the bench?

    Posted on Tuesday, September 13, 2011 at 6:20am
  6. Eek… replace “young man” with “kids”, please… too little coffee…

    Posted on Tuesday, September 13, 2011 at 6:26am
  7. Will the judge take care of the child or is he going to make the kid homeless? Does he care?

    Posted on Tuesday, September 13, 2011 at 6:59am
  8. Matthew Noonan, you have said it all… There must be so much room for appeal…

    Posted on Tuesday, September 13, 2011 at 7:53am
  9. @Rachel: Yes, there is. The question is whether or not the appeals judge will see it that way. Texas law is notoriously father-unfriendly; they want the men to pay their child support and shut the hell up.
    The ruling here is unfounded, and unsupported by any evidence that the father is an unfit parent, or that his partner is unfit.

    Posted on Tuesday, September 13, 2011 at 9:43am
  10. why harass the judge this is what I can not forgive the judge being lambasted for his beliefs I thought this was America

    Posted on Tuesday, September 13, 2011 at 10:44am
  11. What can be done to make homophobic people like this judge realize that Gays, Lesbians, Bis and Trans aren’t ogres out to molest and abuse youngsters. It seems that they have a mental block that it so thick and so wide that the reality of this situation can never reach them.Meanwhile they are causing uncounted pain and anquish with parents that love their children more than anything in the world.

    Posted on Tuesday, September 13, 2011 at 10:46am
  12. Another vile example where ignorance and bigotry rear its ugly head making this couple less than pariah! Shame on the judge, jury, and mother!

    Posted on Tuesday, September 13, 2011 at 10:50am
  13. Timmy: judges don’t get to have beliefs on the bench. They uphold the rule of law. Nothing more. He’s welcome to his beliefs outside the courtroom but he’s got a legal duty to put aside personal feelings and rule on cases before him. If he can’t do that, he has a judicial duty to recuse himself.

    Posted on Tuesday, September 13, 2011 at 11:18am
  14. @ Timmy bc your beliefs stay in your church and your house ..you make decisions on welfare of the child..not your own views of ignorance..gay people can be great parents just as much as straight. Word to the wise I live in Houston and the hate here against same sex partners is a major major issue..after all it is Texas!

    Posted on Tuesday, September 13, 2011 at 11:21am
  15. The judge is going to get a surprise.

    Posted on Tuesday, September 13, 2011 at 11:58am
  16. this is simply wrong….so so so wrong. I am aghast by what people do. I mean, really? No adult male that isn’t family or by adoption? Don’t they know that most molestation cases comes from family that isn’t within the immediate family? Uncles, older cousins, etc? Shouldn’t it be the father’s judgement on who he trusts to look after his children? Just because he is gay, doesn’t automatically make him an irresponsible parent. Grrrr, just makes me so angry..

    Posted on Tuesday, September 13, 2011 at 12:09pm
  17. Good for them! I wish them the best of luck in their fight. If the two are loving, supporting men ready for a child in their lives, let them have one! There are so many children in the world wanting to be adopted by kind couples!

    Posted on Tuesday, September 13, 2011 at 12:57pm
  18. what the hell is wrong with these people!!! Even scarier is that they hold important positions. I am sickened by these homophobs.

    Posted on Tuesday, September 13, 2011 at 2:22pm
  19. I hope that judge loses his damn job in the future, it’s blatant discrimination from the bench.

    Posted on Tuesday, September 13, 2011 at 6:59pm
  20. A judge in Bexar County (San Antonio) once ruled that, in the case of a transgender, the transgender has to go by her/his gender at birth when marrying someone. Remember that case? So, at least in Bexar County, a female-to-male transgender can legally marry another male. How would this judge rule in a case where there are children in an all-male marriage but one of the males was female at birth? Life is much more complicated than evilgelical-fundamentalisticals make it out to be. Is a Gay rights agency helping this couple in an appeal? They shouldn’t have to do this alone. The judge’s homophobia affects all Gay Americans.

    Posted on Wednesday, September 14, 2011 at 5:46am
  21. Anyone coming into contact with Charley Prine should take ANY ACTION POSSIBLE to harm him. Maybe when bigots start paying a price for their actions, they’ll learn not to commit the same bigotry again.

    Posted on Thursday, September 15, 2011 at 6:05pm
  22. I know what their problem is because I was a homophobic person for many years in my life. I had these feelings twards men but I rejected them because people like us are so afraid of the society that never let themselves have that kind of a sexual relationship. So We never do it and it makes us feel that it is just a temporary crush just for sex.
    AND THATS’S WHY IT IS HARD FOR THEM TO ACCEPT IT BECAUSE THEY REALY DO BELIEVE IN WHAT THEY THINK.
    Most of them have same sex attractions and are of low selfsteams or religious people.
    This socalled judge is for sure homophobic and there can be easily appeale

    Posted on Sunday, September 18, 2011 at 8:48am