Monday, September 23, 2013
From an editorial in the L.A. Times, leaping off from cases about excluding jurors because of sexual orientation:
If lawyers are forbidden to remove prospective jurors based on their race or gender, they shouldn't be able to do so on the basis of the jurors' sexual orientation. That's the rule in California state courts, and this week the U.S. 9th Circuit Court of Appeals was asked to rule that it should apply in federal trials as well.
We agree that all courts should treat sexual orientation in this setting in the same way they do race and gender. But that won't address the underlying problem, which is that it is easy for lawyers to conceal discriminatory motives for so-called peremptory challenges of prospective jurors.