A Houston judge has ordered a gay man not to leave his children alone with his husband, the Houston Chronicle reported.

William Flowers and Jim Evans married last year in Connecticut, one of six states where such unions are legal.

Flowers sought custody of his three children from a previous marriage to a woman that ended in 2004.

A jury decided that the woman should keep the kids and his visitations would continue. Neither party alleged the children had been or would be in danger of being abused.

Harris County Associate Judge Charley E. Prine, Jr. ruled after the trial that Flowers was not permitted to leave his children alone with any male to whom the children are not related by “blood or adoption,” effectively cutting out Flowers' husband Jim Evans.

Judge Prine declined to comment on his ruling, but lawyers told the paper that it appeared as if Prine felt it necessary to protect the children from gay men.

“Attorneys who practice family law in Texas point out that in cases of abuse, it is common for courts to prevent children from being alone with specific people,” the paper wrote. “But those same lawyers say that they've never heard of a case in which a step-parent or long-term partner is permanently enjoined from being along with his or her step-children when abuse is not even alleged, let alone proven. No lawyer consulted for this story has ever heard of an order which prohibits children from being left alone with an entire gender.”

Flowers has said he will appeal the decision.