The attorney for 20 year old Anthony Ray Jenkins of Partridge is challenging the law that protects people against attacks motivated by sexual orientation, saying the law "arbitrarily" creates a protected class of people and that's not what Congress intended in passing the legislation in 2009. Anthony Jenkins and his cousin, 37 year old David Jason Jenkins of Cumberland, have pleaded not guilty to charges of kidnapping, assault and violating the hate crime law. Prosecutors say they assaulted Kevin Pennington at Kingdom Come State Park on April 4, 2011 because he was gay. Prosecutors say the men are the first to be charged under the hate crimes statute. If convicted, they face life in prison.