Are gay jurors members of a suspect class?

A little over a month ago, I posted a piece entitled: When using peremptory challenges in a civil case, is it OK to strike a juror because he or she is butt ugly?  That post generated some interesting discussion. The case that served as the center piece for my post was pending in the Ninth Circuit and involved a peremptory strike of a supposedly gay juror in a civil case about a drug used to treat HIV.

A really good article on the Ninth Circuit case now appears in a piece entitled: Exclusion of Gay Juror Tees Up ‘Suspect Class’ Question.  The article is well worth reading.


PS.  Once again, thanks to How Appealing (August 11, 2013).

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