skip to main content

Listen

Read

Watch

Schedules

Programs

Events

Give

Account

Donation Heart Ribbon

Court: Jurors Can’t Be Removed Due To Sexual Orientation

SAN FRANCISCO — A federal appeals court has ruled that potential jurors may not be removed from a trial during jury selection solely because of sexual orientation.

The 9th U.S. Circuit Court of Appeals issued an opinion on Tuesday stating that striking someone from a jury pool because he is gay constitutes discrimination.

The entrance to the Ninth Circuit Court of Appeals courthouse in San Francisco.
Enlarge this image

Above: The entrance to the Ninth Circuit Court of Appeals courthouse in San Francisco.

The ruling came in an antitrust dispute between two rival drug companies and a popular AIDS drug.

A lawyer for Abbott Laboratories used one of his allotted preemptory challenges to remove a potential juror who had referred to a male partner during questioning. The jury that was eventually seated mostly ruled in favor of Abbott.

The 9th Circuit says that because the juror was taken off the case without justification, a new trial must be held.

Comments

Avatar for user 'JeanMarc'

JeanMarc | January 21, 2014 at 1:59 p.m. ― 8 months ago

Why would we let mentally unstable people who tend to take on activist positions serve on a jury?

( | suggest removal )

Avatar for user 'Peking_Duck_SD'

Peking_Duck_SD | January 21, 2014 at 7:47 p.m. ― 8 months ago

Jean, this article is not about whether to allow tea party people on juries.

( | suggest removal )

Avatar for user 'Missionaccomplished'

Missionaccomplished | January 21, 2014 at 9:04 p.m. ― 8 months ago

@QUACKSTER, LOL good one.

Totally agree, but WHY would it come up in the first place??? "Do you like boys or girls?" asks the Defense attorney! lol Now, in this particular case, I would dismiss a juror if he/she had someone close who died of AIDS because that would emotionally prejudice the person.

( | suggest removal )

Avatar for user 'JeanMarc'

JeanMarc | January 22, 2014 at 11:26 a.m. ― 7 months, 4 weeks ago

You don't think being a homosexual would make a person emotionally prejudiced say in a case involving a hate crime against homosexuals?

( | suggest removal )

Avatar for user 'Missionaccomplished'

Missionaccomplished | January 22, 2014 at 11:53 a.m. ― 7 months, 4 weeks ago

That too, John Markkk. It slipped my mind. But the case here doesn't involve that.

( | suggest removal )