Does the Law Allow Jurors to be Dismissed for Being Gay?

[WillParkinson]

A lesbian was allegedly kicked off a jury because of her orientation, and now lawyers are arguing to a federal appeals court that it should never happen again, the Los Angeles Times reports.

The woman was bumped from the trial of a gay Nigerian who was later convicted of assaulting a guard at a jail in Los Angeles. In his defense, Daniel Osazuwa had claimed he was merely giving the guard a hug, which he says is a sign of respect where he's from, when the homophobic guard overreacted and caused a scuffle.

A public defender contends that when a judge allowed the potential juror to be bumped it was a violation of the Constitution's Equal Protection Clause, but that depends on whether it covers sexual orientation. What happens in the case could set a precedent nationwide.

http://www.advocate.com/News/Daily_News/2011/08/05/Does_the_Law_Allow_Jurors_to_be_Dismissed_for_Being_Gay_/

[bluedave]

1. who

asked her sexual orientation is the question,and why.

[ET Awful]

2. Either side has peremptory challenges they can use to dismiss any potential juror for any reason

If the person was excluded from the jury under a peremptory challenge, there is no recourse, and the attorney does not have to give a reason.

[PoliticAverse]

3. In the LA Times article...

It indicates the prosecutor claims the juror was dismissed because she had 'close Nigerian friends':

"Assistant U.S. Atty. Mark R. Yohalem told the panel that the prosecutor had legitimate reasons for removing the juror,
identified only as J.T., because she told the court she had close Nigerian friends when the panel was asked if anyone
had positive or negative attitudes toward that nationality".

( http://www.latimes.com/news/local/la-me-jurors-sexual-orientation-20110805,0,6750375.story )

Is having 'close Nigerian friends' enough grounds to remove a juror in this case ?
Did the prosecutor ask all jurors what their sexual orientation was ?

[queerart]

4. So Does This Mean......

That only Queers can be on the jury for trials concerning straights.....



... and that only straights can be on the jury for trials concerning Queers?.......



This is so skewed that no one has to even be educated on twisted this is.....



Bigots will pretend not to understand what the big fuss is about.... but don't even try to explain it to them......



As you should never waste your time on someone that isn't worthy of your attention....