Fred Karger isn't happy running for president in the shadows of Minnesota Rep. Michele Bachmann, Texas Governor Rick Perry, former Massachusetts Governor Mitt Romney and Texas Rep. Ron Paul. While he freely admits that he doesn't believe he'll secure the GOP nomination, the nation's first openly gay GOP candidate for president believes he has a right to be heard on the national stage.

To that end, he's suing Fox News for excluding him from last week's televised debate from Ames, Iowa.

The debate included most of the announced GOP candidates for president, but not all. Excluded were Louisiana Governor Buddy Roemer, Michigan Rep. Thaddeus McCotter and Karger, to name a few.

Karger was included in The Des Moines Register's “soapbox” event the following day at the Iowa State Fair.

(Related: Sarah Palin autographs frisbee for gay candidate Fred Karger at the Iowa State Fair.)

Karger, who in 2008 founded Californians Against Hate, the group that went after larger donors to the campaign to approve Proposition 8, California's gay marriage ban, insists he met Fox News' qualifications to enter the Iowa debate, chiefly a 1 percent showing in national polls.

On Thursday, the candidate is expected to file a complaint with the Federal Election Commission (FCC).

“I have tried repeatedly, my staff has, I have written them two letters, and I have not heard one word,” Karger told gay glossy The Advocate about attempts to settle the issue with Fox News.

Michael Clemente, Fox's vice president for news, flatly told the magazine that Karger had not met the minimum qualifications because the polls cited by Karger were either outdated or the polling methodology used was insufficient.

“I am not going to take the second-class treatment,” Karger said, suggesting he believes Fox News excluded him from the debate based on his sexual orientation.