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40 N. Ill. U. L. Rev. 1 (2019-2020)

handle is hein.journals/niulr40 and id is 1 raw text is: 









  Extending Batson to Peremptory Challenges

    of Jurors Based on Sexual Orientation and

                        Gender Identity

                           MARK E. WOJCIK*

   This Article argues that it is now time to extend Batson to all federal and
state trial courts and expressly prohibit the exclusion of jurors based on
their actual or perceived sexual orientation or gender identity. The lack of
protection for jurors based on their actual or perceived sexual orientation
or gender identity fosters discrimination in the law, violates the rights of
lesbian, gay, bisexual, and transgender (LGBT) persons who may be ex-
cluded from serving on juries, violates the rights of LGBT persons whose
criminal or civil cases are heard in court, and undermines public confi-
dence in judicial proceedings that discriminate against entire categories of
individuals.


      *   Professor of Law, UIC John Marshall Law School. I thank Professor David W.
Austin, visiting Professor at Brooklyn Law School, for helpful comments on earlier drafts of
this Article, Michael Ziri of Equality Illinois for helpful legislative insights, and Mr. Jacob
A. Nabat for helpful research assistance. All errors are mine alone. I thank UIC John Mar-
shall Law School for its continued support and encouragement of faculty scholarship.

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