Shaheen, Collins Introduce Bipartisan Legislation to End Discrimination against LGBTQ+ Individuals in Jury Selection Process

(Washington, DC) – During Pride Month, U.S. Senators Jeanne Shaheen (D-NH) and Susan Collins (R-ME) reintroduced their Jury Access for Capable Citizens and Equality in Service Selection (ACCESS) Act–bipartisan legislation that would prevent discrimination against LGBTQ+ Americans during the federal jury selection process. The Senators’ bipartisan bill would prohibit discrimination against jurors in federal courts on the basis of sexual orientation or gender identity.   

“Serving on a jury is a civic duty that no one should be prevented from fulfilling because of who they are or who they love,” said Senator Shaheen. “It’s preposterous that under current law there are no protections prohibiting discrimination against LGBTQ+ jurors in federal courts and Congress must take action to rectify this injustice.”

“Serving on a jury is a fundamental right and obligation that no individual should be prohibited from fulfilling based on their sexual orientation or gender identity,” said Senator Collins. “I have long worked to fight discrimination, and I am proud to join this effort to help eliminate bias from our judicial system.”

Prior to the start of a trial, potential jurors come to the courtroom and the judge and attorneys begin a process to select who will sit on the jury and determine the facts of a case. The purpose is to arrive at a jury that will be fair and impartial. This process involves asking the jurors questions about themselves and their experiences to discern whether they might harbor prejudices or hold strong opinions that would prevent an objective evaluation of the facts.  

The United States Code currently prohibits discrimination on the basis of race, color, religion, sex, national origin and economic status. However, there is no federal prohibition on discriminating against jurors based on sexual orientation or gender identity. Only seventeen states prohibit exclusion from jury service in state court based on sexual orientation and just twelve protect against discrimination based on gender identity. The Jury ACCESS Act would amend federal statute to include “sexual orientation” and “gender identity,” meaning that striking jurors on that basis would be prohibited under federal law for the first time.    

Cosponsors of the bill include U.S. Senators Sheldon Whitehouse (D-RI), Ed Markey (D-MA), Martin Heinrich (D-NM), Peter Welch (D-VT), Catherine Cortez Masto (D-NV), Mazie Hirono (D-HI), Ben Ray Luján (D-NM) and Chris Coons (D-DE).

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