A gay couple who refused to leave the clerk’s office in Jefferson
County, Kentucky, until they were granted a marriage license, has been
found guilty of trespassing – the evidence was irrefutable. But in what
can only be seen as sympathy for the defendants, Dominique James, and Maurice Blanchard, the jury assessed the men a fine of one cent.
Dominique James, who is a Baptist minister, told the court he
and Maurice decided to request a marriage license to bring attention to
the plight of a member of his congregation, who was not allowed to see
his terminally ill partner.
“They said he wasn’t family,” Blanchard told the Courier-Journal.
The prosecutor was confident of a guilty verdict. The law is very
plain and the men did not dispute the facts he presented. But, perhaps
in a show of over-confidence, or perhaps in sympathy for the defendants
(I’d love to know) he allowed the jury to decide on the fine.
The jury could have assessed a penalty of up to $250. Instead, they
asked Judge Sheila Collins if they could find the men guilty but refuse
to impose a fine. When the judge told them they had to assess a penalty
if they found the couple guilty they retired to the jury room and
deliberated for 90 minutes, presumably toying with finding the couple
not guilty. In the end, they delivered a guilty verdict, along with a
fine of one cent.
After the unexpected decision Maurice posted this message on his Facebook page:
“I tell you what, more and more and more and more the words of Dr. King have rung true to me, especially after today’s ruling. THE TIME IS ALWAYS RIGHT TO DO WHAT IS RIGHT – MLK”
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