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Does The Path To Marriage Equality Travel Through Jury Duty?

By Ian Millhiser  

"Does The Path To Marriage Equality Travel Through Jury Duty?"

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In most court systems, prosecutors and defense attorneys are given a handful of free opportunities to remove someone from a jury pool for any reason they choose — except that it is unconstitutional to remove a juror because of their race or gender. Yesterday, the Ninth Circuit heard oral arguments in a case arguing that the Constitution guarantees gay jurors the same equal protection of the laws afforded to women and racial minorities. If the court holds that it does, it would set an important precedent establishing that discrimination on the basis of sexual orientation must be viewed with a very skeptical eye under the Constitution — including in cases where the state discriminates against gay couples who want to marry.

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