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CHICAGO (AP) — Testimony is set to begin Tuesday in the trial of ex-“Empire” actor Jussie Smollett, who prosecutors say staged a homophobic and racist attack in Chicago but whose defense attorney says is “a real victim” of a “real crime.”

In May 2013, State Rep. Greg Harris choked back tears on the floor of the Illinois House when he told supporters that he wouldn’t be calling for a vote on his measure to legalize same-sex marriage, which already had been approved in the Senate and had the support of then-Gov. Pat Quinn.

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