Sidoti, ; Ex parte Virginia,. Because gender and race are overlapping categories, gender can be used as a pretext for racial discrimination. The wise limitation on the authority of courts to inquire into the reasons underlying a jury's verdict does not mean that a jury ought to disregard the court's instructions. Not surprisingly, all of our post-Batson cases have dealt with the use of peremptory strikes to remove black or racially identified venirepersons, and all have described Batson as fashioning a rule aimed at preventing purposeful discrimination against a cognizable racial group. But what of the next case? These concerns reinforce my conviction that today's decision should be limited to a prohibition on the government's use of gender-based peremptory challenges. Voir dire though it can be expected to expand as a consequence of today's decision cannot fill the gap. The same should be true for gender.
With her on the briefs was William F. The extension of Batson to sex, and almost certainly beyond, Burger, C. Between 1870 and 1871, women were permitted to serve on juries in Wyoming Territory. Today's decision severely limits a litigant's ability to act on this intuition, for the import of our holding is that any correlation between a juror's gender and attitudes is irrelevant as a matter of constitutional law. Pennington, Inside the Jury 140-141 1983 collecting and summarizing empirical studies. Batson is best understood as a recognition that race lies at the core of the commands of the Fourteenth Amendment. Petitioner's Claim: That by striking men from his jury, Alabama violated his constitutional rights.
Private civil litigants are just that private litigants. The neutrality of the Fourteenth Amendment's guarantee is confirmed by the fact that the Court has no difficulty in finding a constitutional wrong in this case, which involves males excluded from jury service because of their gender. The injury is to personal dignity and to the individual's right to participate in the political process. Stuart, , 602 1976 Brennan, J. Even if sex was a remarkably good predictor in certain cases, the Court would find its use in peremptories unconstitutional. We do not dispute that this Court long has tolerated the discriminatory use of peremptory challenges, but this is not a reason to continue to do so.
Brasfield - Argued the cause for the respondent - As amicus curiae, supporting the petitioner Facts of the case Alabama, acting on behalf of T. Though we gain much from this statement, we cannot ignore what we lose. The principal value of the peremptory is that it helps produce fair and impartial juries. We granted certiorari, 508 U. All four of the gender-based peremptory cases to reach the federal courts of appeals and cited in n.
Held: The Equal Protection Clause prohibits discrimination in jury selection on the basis of gender, or on the assumption that an individual will be biased in a particular case solely because that person happens to be a woman or a man. This ruling views the termination of potential jurors based on sex as a discriminatory action. The ruling offered by J. The hasty reader will be surprised to learn, for example, that this lawsuit involves a complaint about the use of peremptory challenges to exclude men from a petit jury. Illinois, blacks ; Griffith v. The Equal Protection Clause, as interpreted by decisions of this Court, acknowledges that a shred of truth may be contained in some stereotypes, but requires that state actors look beyond the surface before making judgments about people that are likely to stigmatize as well as to perpetuate historical patterns of discrimination. Will we preclude her from using her peremptory challenges to ensure that the jury of her peers contains as many women members as possible? At least covering the majority, concurring, and dissenting opinions.
Respondent argues that Alabama's method of jury selection would make the extension of Batson to gender particularly burdensome. But today's important blow against gender discrimination is not costless. But it does mean that prospective jurors shall be selected by court officials without systematic and intentional exclusion of any of these groups. On October 21, 1991, the matter was called for trial and jury selection began. That fact lies at the very heart of only furthers the goals of the jury system. Another consequence, as I have mentioned, is a lengthening of the voir dire process that already burdens trial courts. Kendrick, Journal of the Joint Committee of Fifteen on Reconstruction, 39th Congress, 1865-1867, pp.
On post judgment motion, the court reaffirmed its ruling that Batson does not extend to genderbased peremptory challenges. The State of Alabama, on behalf of T. That fact lies at the very heart of the jury system. While demographic reality places some limit on the number of cases in which race- based challenges will be an issue, every case contains a potential sex-based claim. Kentucky, 1986 , as correctly decided, there are sufficient differences between race and gender discrimination such that the principle of Batson should not be extended to peremptory challenges to potential jurors based on sex. The United States adopted the Equal Protection Clause of the Fourteenth Amendment in 1868 to prevent discrimination against African Americans.
Alabama is free to adopt whatever jury-selection procedures it chooses so long as they do not violate the Constitution. We have made abundantly clear in past cases that gender classifications that rest on impermissible stereotypes violate the Equal Protection Clause, even when some statistical support can be conjured up for the generalization. See post, at 158-160, citing Batson, Powers, Edmonson, and McCollum. We have made abundantly clear in past cases that gender classifications that rest on impermissible stereotypes violate the Equal Protection Clause, even when some statistical support can be conjured up for the generalization. There was one brief exception.
When she became pregnant from being raped by a member of the household, Vaughan left to rent a small, unheated room where she waited for her child to be born. If a woman was subject to capital punishment, or if a widow sought postponement of the disposition of her husband's estate until birth of a child, a writ de ventre inspiciendo permitted the use of a jury of matrons to examine the woman to determine whether she was pregnant. Because gender and race are overlapping categories, gender can be used as a pretext for racial discrimination. The judgment of the trial court is affirmed. The exclusion of even one juror for impermissible reasons harms that juror and undermines public confidence in the fairness of the system. West Virginia, 1880 , for example, the Court invalidated a West Virginia law prohibiting blacks from serving on juries.