A New York gay actor and model dodged jury duty this month by saying he could not be impartial because he is treated as a second-class citizen.

Jonathan D Lovitz, was waiting to be called in with other jurors when they were asked whether they could be impartial.

He wrote on his Facebook page: “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.”

He was then excused by the judge.

Speaking to News Nation, he said: “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.”

Mr Lovitz added: “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.”

Legal experts say it is up to a judge to dismiss a member of the jury if he or she is considered unable to be impartial.