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ca65 swingers in Fulton New YorkFederal appeals court takes up case on anti-LGBT discrimination in jury selection July 31, By Thomaston Ninth Circuit Court of Appeals Following last week’s news that a Senate committee has advanced a to ban the practice of discrimination against jurors based on sexual orientation and gender identity, Liptak has a story in the New York Times about a federal legal challenge to a decision by a lawyer to peremptorily strike a juror on the basis of his sexual orientation. Federal District Court Judge Wilken, who last year issued a decision striking down Section 3 of the federal Defense of Marriage Act, heard the challenge, which was brought in the midst of an antitrust case. Now, the Ninth Circuit Court of Appeals take up the appeal. At the trial, the lawyer attempted to strike the juror after he implied that he’s, and an objection was raised: The issue arose at the trial of an antitrust fight between two giant companies. After a potential juror appeared to reveal that he was, a lawyer for Abbott Laboratories used a peremptory strike — one that does not require a reason — to eliminate him from the jury pool. An opposing lawyer objected, saying the juror “is or appears to be, could be, homosexual.” That mattered, the lawyer said, because “the litigation involves AIDS medications” and “the incidence of AIDS in the homosexual community is well known, particularly men.” Lawyers are not allowed to strike jurors based on race or gender alone, without any other grounds. The Supreme Court held in a case ed Batson v. Kentucky that racial discrimination in jury selection is unconstitutional, and this case raises a “Batson challenge” – that is, lawyers are asking the judge to consider whether the rule applies to sexual orientation. The lawyer told Judge Wilken that he doesn’t know if the is. CONTINUES FULL STORY: single guys
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