Batson

Landmark Ruling Banning Discrimination Against LGBTQ and Black Jurors

On August 16, 2021, Attorney Nathanson along with Attorney Jellison convinced the Supreme Judicial Court to issue a landmark ruling banning discrimination against LGBTQ and Black jurors in jury selection. Attorney Nathanson and Attorney Jellison convinced the SJC to go beyond its Goodridge gay marriage decision and rule that LGBTQ persons are part of a constitutionally protected class. Further, the SJC reversed our clients’ convictions because the trial judge failed to protect Black jurors from discrimination. The judge repeatedly ruled that there were enough Black jurors on the jury, so the prosecutor was not discriminating in striking other Black jurors. But in heavily minority communities like Boston, this is an open invitation to discrimination by allowing just enough Black jurors onto the jury and excluding all others, even if they are qualified. In a strong concurrence, SJC Justice Lowy argued that prosecutors should always have to explain their juror strikes if a defendant objects. A powerful and persuasive amicus brief was filed by GLAD, Black and Pink MA, and the Charles Hamilton Houston Institute for Racial Justice.