The United States Senate has taken a significant step towards ensuring equality in the judicial process for LGBTQ+ individuals. In a bipartisan move, U.S. Senator Susan Collins (R-ME) has joined forces with Senator Jeanne Shaheen (D-NH) to introduce legislation aimed at prohibiting discrimination against LGBTQ+ individuals in federal jury selection.
The proposed legislation, known as the Jury ACCESS Act (Jury Access for Capable Citizens and Equality in Service Selection Act), seeks to amend federal statutes to include sexual orientation and gender identity as protected classes. This means that potential jurors cannot be excluded from serving based on these aspects of their identity. This initiative marks the first time such explicit protections have been proposed at the federal level, addressing a significant gap in the current anti-discrimination laws.
Filling the Gaps in Juror Protections
Currently, federal law prohibits jury discrimination based on race, color, religion, sex, national origin, and economic status. However, there has been no explicit federal prohibition against discrimination based on sexual orientation or gender identity. This legislative gap persists despite a 2020 U.S. Supreme Court ruling that interpreted anti-LGBTQ+ workplace discrimination as a form of sex-based discrimination under the Civil Rights Act of 1964.
The introduction of this legislation comes after multiple attempts by Senator Shaheen to pass similar measures. The addition of Senator Collins as a co-sponsor brings new hope for bipartisan support, potentially increasing the bill's chances of passage. The bill mirrors efforts in the House of Representatives, where a similar version was introduced by Representatives Becca Balint (D-VT) and Lizzie Fletcher (D-TX). Their bill also seeks to expand the interpretation of "sex" to include protections for LGBTQ+ individuals.
Addressing an Injustice
Senator Shaheen emphasized the importance of this legislation, stating, "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. 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." Her sentiments are echoed by Senator Collins, who stated, "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. I have long worked to fight discrimination, and I am proud to join this effort to help eliminate bias from our judicial system."
A National Perspective on Juror Protections
While this legislation seeks to address discrimination at the federal level, it is important to note the varying degrees of protection provided by individual states. As of now, 17 states explicitly prohibit excluding jurors based on sexual orientation in state courts, and only 12 states offer protections regarding gender identity.
Senator Collins' participation in this legislation is noteworthy given her mixed record on LGBTQ+ rights. The Human Rights Campaign’s (HRC) Congressional Scorecard from October 2024 rated her support for LGBTQ+ issues at 58%. Despite this, her support for the Jury ACCESS Act is a positive development for those advocating for equal rights.
The Broader Political Context
This legislative effort is set against a backdrop of ongoing political battles over LGBTQ+ rights. For instance, Senator Tammy Baldwin, along with 44 other senators, has been vocal in opposing anti-LGBTQ+ provisions in critical funding bills. These bills, they argue, undermine individuals' autonomy over their lives and futures.
Senator Shaheen, who has long been a champion for LGBTQ+ rights, recently announced her retirement from the Senate. Her departure has prompted out U.S. Representative Chris Pappas (D-NH) to enter the race, signaling continued advocacy for LGBTQ+ issues in the political arena.
The introduction of the Jury ACCESS Act represents a crucial step forward in the fight for equality and justice for LGBTQ+ individuals in the United States. As this legislation gains traction, it serves as a reminder of the ongoing need to address disparities in rights and protections for all citizens, regardless of their sexual orientation or gender identity. Subscribe to our newsletter to stay informed about the latest developments impacting the LGBTQ+ community.
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