Texas Judge Rules Gay Father Cannot Leave Children With His Husband

Harris County judge Charley Prine, a Republican judge in Texas, is under fire for a clearly homophobic order barring a gay father from leaving his children alone with his husband. William Flowers (pictured, left below) and Jim Evans (right) were legally married in Connecticut and are appealing the order that says that the children cannot be left alone with with any man who is not related to them by blood or adoption unless his ex-wife consents.

William divorced Lacey Flowers in 2004, and they agreed that their three children should stay with her. When William Flowers later changed his mind and sued for custody, the case went to a jury which ruled in favor of the mother while allowing the father regular visits. That clearly did not sit well with Prine who issued the order. Such restraints are used in cases where there is evidence of child abuse or danger. Prine appears to view a gay couple as presumptively dangerous to children.

Ironically, if Prine wanted to trigger a fight over same-sex marriage, he could have simply added a “morality clause” to the ruling prohibiting the presence in the household of people with whom the parent is having a “dating or intimate relationship” or those to whom the parent is not related “by blood or marriage.” Since Texas does not recognize same-sex marriage, this would have triggered a fight over the application of the full faith and credit clause. I have always been somewhat skeptical of the use of the full faith and credit clause to force the recognition of same-sex marriage on states like Texas. There has long been a debate over a public policy exception under the clause.

Under either the current order or a morality clause, there remains a variety of questions from equal protection to privacy to full faith and credit which would have to be litigated. It could prove to be a significant case as the courts slowly deal with the continuing prejudicial treatment of gay and lesbian couples.

Prine lists his support for Rick Perry and Republican candidates on his Facebook and other sites. He is a graduate of South Texas Law School.

Source: Chronicle and Online

27 thoughts on “Texas Judge Rules Gay Father Cannot Leave Children With His Husband”

  1. This judge is a despicable human being. I have an issue as well with dishonorable judge charley prine he took my healthy happy baby away and gave her to the father who’s been proven to be an abusive, violent drunk, who lied about everything that he used to get custody, also proven. I am appalled. No judge in the right frame of mind would do what this guy has done. It was obvious to everyone he was paid off. The judge was paid off. My lawyer proved he was a Liar, abusive, alcoholic, didnt reside with or care for either child, u name it. He wouldn’t admit any photos or tapes. Wouldn’t even allow in the drug test. The one that HE ORDERED. He was getting mad at my lawyer for making it difficult for him, so he yelled at her until she started to cry. She said shed never seen anything like it, and it made her not want to work for a system she couldn’t believe in. He didnt tell the truth about one thing, and when she had his back against the wall, THE JUDGE, jumped in and HELPED HIM LIE. He told my lawyer to not pick on him when she was polite and respectful. He let his lawyer insult me straight out. He told us things we said didnt count bc it was over three months ago, but allowed bullshit they had from 6 YEARS ago! He asked if they were finally done- said motion denied. Didn’t even change that I have to go through safe to see my baby. It was clear to everybody he was bribed. Every bullshit reason of why they got her in the first place was proven bs, and he didnt fix anything anyway. I have to figure out how to get away from him. They just fired a bunch of the judges bc they caught them taking bribes, he just didnt get caught. And I found a bunch of bad shit about him online. My lawyer was ready to quit her career over that hearing. Said shed never seen anything like it.

  2. This judge is pretty disgusting. I had an issue myself with him just shortly after this. Here’s my story.
    My fiancee’s parents paid a lot of money to get partial custody of their granddaughter because they have no meaning in life if they’re not caring for children. They’re old, sick and the the Father likes to fondle and molest his granddaughter. Also, I feel it necessary to say that none of the parents have a criminal or drug history and have good, full-time jobs which support them. Unfortunately none of us have the 20 or 30 thousand dollars it would take to fix that. But here’s what Charley did in a nutshell.

    On November 11th, 2011, My fiancee’s Father dropped his granddaughter off at school and her step dad picked her up from school that afternoon. She got in the car crying and red-faced and her folder showed that she had been disciplined that day. This was very much out of the ordinary for her. On the way home she cried out to her step dad that “awpaw” had poked her “down there” in the shower. Step dad raced home and informed her Mother of what had happened and a quick visual examination confirmed it.
    Being close to my fiancee’s ex-wife since I started dating her ex-husband and having a strong family background in law, the Mother called me crying in a panic asking what to do and I told her to call the police and make a report that instant and get ready to take her to Texas Children’s hospital. I told her the next step was to get a lawyer to file an injunction to prevent the grandparents from being allowed their court ordered visitation for the following weekend, which she did to the T.
    Later that evening, my fiancee and I met her, her husband and the child at the hospital where it was confirmed beyond a shadow of a doubt that she had been sexually assaulted. To make matters worse, we also found out that while the grandparents had primary custody, they removed the parents contact info on file at the hospital and added a note that no one was to be contacted but them regarding the child. That was illegal considering that they had to inform both parents immediately of any emergencies and get consent for any non-emergency medical issues.
    So to make a long story longer, the grandparents got a very expensive lawyer and convinced Charley Prine that the Mother must have assaulted the child herself to frame the grandfather so she could pull their custody and have the right to move out of state to a military base where her husband was soon to be stationed. First of all she would need the Fathers consent. Second, we discussed that issue as soon as it was decided that the Mothers husband was going to the military and she more than understood that we wouldn’t allow although there would be compromises for her beyond the typical.
    So today, the Mother gets supervised visitation every Tuesday between 3:30pm and 6:00pm, and the child sleeps under her molesters roof 26 days a month.
    If Prine really believed the Mother did it, he would be seeking charges against her. And aside from that, even if he believed the grandfather didn’t do this (which common sense says he definitely did) why would he risk it? What if he is wrong?
    It gets even sadder…my fiancee’s twin sister is pretending not to believe that her Father did this and is now trying to be the Mommy. She has quit her job and now spends every moment she’s awake at her parents house playing Mommy and manipulating her niece.
    This little girl is being coached on a daily basis to lie when she’s asked about the incident, her hair is hacked of yet again, shes constantly on prescription drugs because the grandparents are so overprotective, and she refers to her parents as “Bad Mommy” and “Bad Daddy” and her Aunt and her husband as “Good Mommy” and “Good Daddy”.
    This judge has handed this little girl over to old sick people who would be lucky if they lived another 2 years. The Grandmother has had heart and brain surgery and is considered a miracle patient, she’s on 30 different drugs which included heavy sleep aids that cause her to pass clean out with drool dripping down her chin for 10 hours a night and 3 hours during the day for her nap while the Grandfather is alone to do whatever he wants when he’s awake during the early am hours of the night.

    All 4 of the parents have been completely tapped out financially from these legal issues, can barely keep roofs over their heads, and can’t seem to work enough to earn the money for a decent lawyer to fix this. I want this piece of shit judge off the bench. He was obviously paid off for this case and the one this article is on. He has an innocent face and evil in his heart.

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