A federal appeals court Tuesday held that lawyers cannot exclude potential jurors from a jury based on their sexual orientation. 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. Under that heightened scrutiny, in which equal protection claims are considered more carefully by courts reviewing challenged actions, the court concluded that Batson — a Supreme Court case barring juror strikes based on race — also applies to strikes based on sexual orientation.
via Joe. My. God.: Ninth Circuit Court Invokes Heightened Scrutiny In Ruling On Booting Gays Jurors.