USA: Court will decide if gays can be blocked from juries

The Federal Appeals Court in California will soon decide on the issue of whether gays and lesbians can be excluded from juries on the basis of their sexual orientation.

The issue first came to light during a 2011 trial involving two drug companies. When one potential juror appeared to reveal that he was gay, a lawyer used a peremptory strike to attempt to eliminate him from the jury pool, saying that this was significant because the litigation involved AIDS medications.

Though a peremptory strike does not require a reason, the 1986 case of Batson v. Kentucky determined that race cannot be the basis for excluding a juror. Eight years later, it was decided that gender could not be the reason either. However, the issue of sexuality had never been addressed. 

In state courts for the past decade, Californian law has barred peremptory challenges based on sexual orientation, explaining that excluding gays and lesbians from jury service “would send an intolerable message.” Nor should potential jurors be questioned about their sexual orientations. However, if the information comes up, the parties will "doubtless factor it into their jury selection process," along with other traits. 

While a ruling that gay people may not be excluded from juries in Federal Court would be symbolically significant in the struggle for equal rights, it could potentially have little practical effect, with lawyers easily able to offer neutral-sounding reasons. Only the complete elimination of peremptory challenges would be likely to offer a full solution. 

In Australia, the fight for equal rights continues, with the same-sex marriage movement gaining momentum in recent months. 

You can read more on this topic here.

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