LONDON, Ky. (WYMT) - Jury selection began in the trial of 20-year-old Anthony Ray Jenkins and 37-year-old David Jason Jenkins.
They are accused of kidnapping a man in Harlan County and beating him because he is gay.
Attorneys on both sides had plenty of questions because it is one of the first trials of its kind
The U.S. Attorney says in the Spring of 2011 the pair kidnapped Kevin Pennington who is gay.
Police say the suspects took the man to Kingdom Come State Park where they beat him while saying gay slurs.
Because of those allegations they are charged with a hate crime.
However, the defense attorneys filed a proposal for dismissal, claiming the Hate Crime Preventions Act violates the constitution.
The judge denied the motion and then started jury selections.