Flowers had three children with his ex-wife, Lacey. When Flowers and his ex-wife divorced in 2004, his wife was awarded custody and Flowers was given regular visitations.

In 2010, Flowers, then a practicing homosexual, “married” his homosexual partner in Connecticut. His partner has two children.

When Flowers recently sued for custody of his three children, a jury found that his ex-wife should keep the kids, though his regular visitations would continue. In an injunctive section, however, Judge Prine ordered that Flowers cannot leave his children with any man who is not part of the family “by blood or adoption,” including Flowers’ sexual partner, without the ex-wife’s express permission.

Flowers and his partner say they will appeal the ruling.

Speaking of the judge’s ruling, Flowers said, “He knows I’m homosexual. He’s knows I’m married to a man and he knew that there’d be times my children may be alone with Jim if I have to run out to work,” according to ABC News.

Jim Evans, Flowers’ partner, says that he won’t bother asking Lacey if he will be allowed to be alone with the children. “She would never ever let the kids be left with me,” he said.

When asked whether Lacey would ever give permission for Flowers’ “husband” to be alone with his children, Lacey’s attorney, Jennifer Broussard, reportedly responded, “Well, he doesn’t have a husband in Texas, dear,” according to the Houston Press.

In November 2005, Texas voters passed an amendment to the state constitution defining marriage as between one man and one woman.