November 07, 2013 Articles

Excluding Gay Jurors after Windsor

By Shmuel Bushwick

In July, the ABA Journal reported on SmithKlein Beecham Corp. v. Abbott Laboratories (GSK v. Abbott), which, in part, debates whether the equal protection jurisprudence arising out of Batson v. Kentucky, 476 U.S. 79 (1986), applies to sexual orientation. Originally briefed prior to the Supreme Court's decision in United States v. Windsor, 133 S. Ct. 2675 (2013), the case received additional briefing in light of the Court's decision and will potentially be telling as to the impact of Windsor in the Ninth Circuit as well as outside the marriage context. The Ninth Circuit heard oral argument in late September and has not yet issued its decision. An audio recording of oral arguments can be found here.  

This article attempts to briefly provide a factual and legal background to the case as well as an overview of several of the arguments raised.

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