Practical Law Legal Update: Parties in the Ninth Circuit May Not Exclude Potential Jurors Based on Sexual Orientation

January 31, 2014

Practical Law logo newOn January 21, 2014, in SmithKline Beecham Corp. v. Abbott Laboratories, the US Court of Appeals for the Ninth Circuit held that the exclusion of a juror based on his sexual orientation violated the equal protection clause. The court applied heightened scrutiny to equal protection claims involving sexual orientation, citing the US Supreme Court’s seminal decision in United States v. Windsor, which held that the Defense of Marriage Act violates the US Constitution.

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