Bad News for the Gays: One Less Route to Get Out of Jury Duty

During a lawsuit between
pharmaceutical companies about the price of HIV medications, one
side struck a juror from the pool because he was gay. Stereotype
much? Today a federal appeals court ruled the behavior
inappropriate. Via BuzzFeed:

A federal appeals court Tuesday held that lawyers cannot exclude
potential jurors from a jury based on their sexual orientation — a
ruling whose underlying rationale could have broad implications
outside of the case.

The 9th Circuit Court of Appeals, in a unanimous decision, held
that discrimination based on sexual orientation is subject to
heightened scrutiny — a decision the court concluded has been made
in action, though not in word, by the Supreme Court itself.

In describing the reason for applying the new standard, Judge
Stephen Reinhardt examined the Supreme Court’s June decision in
Edith Windsor’s case challenging the Defense of Marriage Act.
Although equal protection claims brought based on sexual
orientation have previously been judged under the lowest level of
review, called rational basis, the 9th Circuit held that a higher
standard now applies.

Read more at BuzzFeed
here about how the DOMA ruling contributed to the decision.
Apparently I’m supposed to treat this as a victory, but it will be
short-lived once lawyers hear my position on jury
nullification.

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