Batson-Wheeler

California Code of Civil Procedure section 231.5

A party may not use a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of his or her race, color, religion, sex, national origin, sexual orientation, or similar grounds.

The following are cognizable groups:

• Homosexuals (People v. Garcia (2000) 77 Cal.App.4th 1269.)
• African-American men (People v. Gray (2001) 87 Cal.App.4th 781.)
• Hispanics (People v. Harris (1984) 36 Cal.3d 36; People v. Gonzales (2008) 165 Cal.App.4th 620, 631.)
• Men (People v. Williams (2000) 78 Cal.App.4th 1118, 1125.)

The following are not cognizable groups:

• People of color (People v. Davis (2009) 46 Cal.4th 539, 583; People v. Neuman (2009) 176 Cal.App.4th 571.)
• Caucasian with Spanish surnames (People v. Cruz (2008) 44 Cal.4th 636, 656.)
• People with low income (People v. Burgener (2003) 29 Cal.4th 833, 856.)
• People over 70 (People v. McCoy (1995) 40 Cal.App.4th 778, 783.)
• Young people (People v. Marbley (1986) 181 Cal.App.3d 45, 47.)

Notable cases

Batson v. Kentucky, (1986) 476 US 79

People v. Wheeler (1978) 22 Cal.3d 258

Federal cases

SmithKline Beecham Corporation v. Abbott Laboratories, 740 F.3d 471 (9th Cir. 2014)

Holding

Sexual orientation is a cognizable class for Batson challenges.