New Bill Would Ban Discrimination in Jury Selection

Congress is looking at a new bill that would ban discrimination on the basis of sexual orientation or gender identity during the jury selection process. Democrat Representative Mondaire Jones of New York introduced the Juror Non-Discrimination Act in hopes to “to end this injustice and ensure no one is excluded from our legal system simply because of who they are or who they love.”

“Our constitution guarantees the right to trial by a jury of one’s peers. But LGBTQ+ defendants are deprived of that right when attorneys use sexual orientation or gender identity to dismiss jurors,” Jones said.

During the jury selection process, plaintiffs and defendants can eliminate potential jurors who they deem may have biases towards the case in question. They can’t, however, eliminate jurors on the basis of sex, race, religion, or national origin. Much like the Equality Act, the Juror Non-Discrimination Act would add both sexual orientation and gender identity to the list.

“The right to a trial arbitrated by a jury of one’s peers cannot be truly realized without protections from discrimination during the process of jury selection,” HRC said, the last time the Juror Non-Discrimination Act was introduced in Congress in 2019. “Preventing individuals from participating in a jury simply because of their sexual orientation or gender identity infringes on the fundamental right to an impartial jury and the reciprocal right to jury service.”

The bill had been presented to Congress every year since 2013, by California Representative Susan Davis. Though it had little chance of passing through the republican-led Senate or being signed by former President Donald Trump. Davis retired this past year, handing the torch off to Representative Jones who said he is “… honored to pick up the mantle”.

The Senate could again be an obstacle to passing the law. While democrats hold the majority, republicans could prevent it from coming up for a vote. Still, Representative Jones is hopeful.

“Now that democrats have retaken control of the Senate and the White House, we have the mandate to deliver on our promises to the American people by legislating justice,” he said.