During Pride Month, Norton Introduces Bill to Ban Discrimination Against LGBTQ+ Jurors in D.C. Superior Court
WASHINGTON, D.C. –– Congresswoman Eleanor Holmes Norton (D-DC) today, during Pride Month, reintroduced her District of Columbia Local Juror Non-Discrimination Act. The bill would clarify that D.C. residents may not be excluded or disqualified from jury service in D.C. Superior Court on the basis of sexual orientation or gender identity. Specifically, the bill would clarify that "sex," which is a protected class under the non-discrimination law that applies to jurors in D.C. Superior Court, includes sexual orientation and gender identity.
The District has one of the strongest anti-discrimination laws in the country, including protecting individuals based on sexual orientation and gender identity. However, the District cannot make its anti-discrimination law applicable to jurors in D.C. Superior Court. Under the Home Rule Act, only Congress has the authority to regulate local jury service.
"During Pride month we are reminded of the many contributions of the LGBTQ+ community. Nobody, including D.C. jurors, should be discriminated against based on their sexual orientation or gender identity, and D.C. juries should not be deprived of the service of LGBTQ residents," Norton said. "Until the District is given control over its local courts, it is up to Congress to pass this important bill."
Norton's introductory statement follows.
Statement of Congresswoman Eleanor Holmes Norton
On the Introduction of the
District of Columbia Local Juror Non-Discrimination Act of 2023
June 12, 2023
Today, I introduce the District of Columbia Local Juror Non-Discrimination Act of 2023. This bill would clarify that D.C. residents may not be excluded or disqualified from jury service in the local D.C. trial court, the D.C. Superior Court, based on sexual orientation or gender identity. Specifically, this bill would clarify that the term sex, which is a protected class under the non-discrimination law that applies to jurors in the D.C. Superior Court, includes sexual orientation and gender identity. Last Congress, the House Committee on Oversight and Reform passed this bill.
D.C. has one of the strongest non-discrimination laws in the country, including protecting individuals based on sexual orientation and gender identity. However, under the D.C. Home Rule Act, D.C. does not have the authority to amend the non-discrimination law that applies to D.C. jurors. Therefore, until D.C. is given control over its local courts, an act of Congress is required to clarify that LGBTQ+ jurors are protected from discrimination.
As the Supreme Court said in Edmonson v. Leesville Concrete Company, “discrimination within the courtroom raises serious questions as to the fairness of the proceedings conducted there. [B]ias mars the integrity of the judicial system and prevents the idea of democratic government from becoming a reality.” Similarly, the Court, in Batson v. Kentucky, which was a juror discrimination case based on race, said, “The harm from discriminatory jury selection extends beyond that inflicted on the defendant and the excluded juror to touch the entire community. Selection procedures that purposefully exclude black persons from juries undermine public confidence in the fairness of our system of justice.”
I urge my colleagues to support this important bill.
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