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U.S. Senators Jeanne Shaheen (D-NH), Susan Collins (R-NH) and Sheldon Whitehouse (D-RI) have introduced a bipartisan bill that would prohibit discrimination against jurors based on their sexual orientation and gender identity. The National LGBT Bar Association worked closely with Senator Shaheen’s office in drafting and supplementing the bill, called the Jury ACCESS (Access for Capable Citizens and Equality in Service Selection) Act.
 
“Members of the National LGBT Bar Association are proud to have been able to assist Senator Shaheen in the formation of this bill. Extending federal jury non-discrimination policy to include sexual orientation and gender identity is truly a step forward for the LGBT movement and a notable achievement for the entire LGBT community. We applaud the Senator’s efforts for bringing equality to the forefront of the judicial process.” D’Arcy Kemnitz, Executive Director, National LGBT Bar Association.
 
The federal jury non-discrimination policy was first enacted in Batson v. Kentucky. The Supreme Court ruled that peremptory challenges could not be used to remove a juror based solely on their race. The provisions were extended to a juror’s sex in Georgia v. McCollum.
 
California currently has a state law in effect that prohibits jury discrimination based on sexual orientation. In the case of People v. Garcia, the prosecution used its peremptory strikes to remove two lesbian jurors. The defense objected, stating that the prosecution dismissed the jurors simply because of their sexual orientation. The Judge initially denied the defense’s motion, but on appeal, the court found that the “exclusion of lesbians and gay men on the basis of group bias violates the California Constitution.” The Court of Appeal also ruled that gay men and lesbians constitute a cognizable group and should therefore be included in non-discrimination policies.
 
The Jury ACCESS Act would amend the federal statute to include sexual orientation and gender identity, codifying the scope of a Batson challenge so that those groups are protected. Striking jurors on the basis of their sexual orientation or gender identity would be prohibited under federal law for the first time.
 
The National LGBT Bar Association was proud to provide background and context for the bill, working closely with Senator Shaheen’s office to ensure that the LGBT community would be protected in federal jury non-discrimination policy.

 

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