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Lesbian Couple Found Guilty Of Trespassing

Judge Hands Down Fine, Orders Community Service

UPDATED: 6:43 pm MDT May 7, 2008

Two lesbians who staged a peaceful sit-in after being denied a marriage license were found guilty Wednesday of trespassing.

The judge ordered the women to pay a $50 fine, a $75 community service fee, $41 in court costs and serve 16 hours of community service

Prosecutors argued that Kate Burns and Sheila Schroeder broke the law when they staged a silent protest at the Denver clerk and recorder's office last September. The couple applied for a marriage license, but was told that Colorado law prohibited same sex couples from getting married.

The women then sat down in front of the clerk's counter. When they were asked to move, they politely declined.

Prosecutors argued Tuesday that the women intended to break the law because they invited the media to a news conference ahead of time. The defense argued that the case is about much more than alleged trespassing.

"It's about equality, love, honor and dignity," said defense attorney Mari Newman.

Newman tried to make an analogy between Burns and Schroeder's actions and those of early civil rights activists, but the judge cut her off.

"The court has ruled that the constitutionality of the (gay marriage ban) is not an issue at this trial," said County Court Judge James Breese. "There are other ways that (the issue) can be raised, and the defendants don't have standing to raise that issue."

"(The court) not only squelched us, it squelched many of our supporters, who were not allowed to wear rainbow colored armbands," Schroeder said.

"We're not surprised by the verdict," said Mari Newman, the women's attorney. "The road to civil rights, equality and fair treatment is a long one, and we're willing to continue as long as it takes."

Burns told reporters after the trial that it will be "an honor to serve a sentence for something that may help improve our community and maybe help us take further steps on the road to justice."

After paying their fine, the couple went out to celebrate with supporters.

They said as much support as they've garnered from people all across the country, they feel, in a sense, like they won.


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