Ninth Circuit Ruling On Juror Discrimination A Win For LGBT Activists

A three-judge panel of the Ninth Circuit Court of Appeals ruled this week that attorneys may not strike potential jurors based on sexual orientation. The decision that could have implications for a wide range of sexual orientation-related discrimination lawsuits. Judge Stephen Reinhardt, speaking for an unanimous panel, found that, in same-sex discrimination cases, “heightened scrutiny” of the defendant’s position is called for, a standard that shifts the burden of proof away from the plaintiffs.