NEW YORK – A New York gay man has avoided jury duty by saying he could not be impartial because he is treated as a “second-class” citizen.
“During voir dire we were asked who would not be impartial,” Jonathan Lovitz said. “I raised my hand and said, ‘Since I can’t get married or adopt a child in the state of New York, I can’t possibly be an impartial judge of a citizen when I am considered a second-class one in the eyes of this justice system.’ You wouldn’t believe how people in the room reacted.”
The judge then excused him.
Lovitz told News Nation, “It was such a spur of the moment thing. I was shaking, trembling. It just came out of me so spontaneously. I never intended to be an activist … I’m just a young gay man who saw some inequality in the state, in the country. We have certain civic responsibilities, like paying our taxes and serving on juries, and I think everyone is obligated to participate. But when it’s your turn to say how you really feel, you need to say how you really feel.”
According to legal experts, it is up to a judge to dismiss a member of the jury if he or she is considered unable to be impartial.
