Recently, the Los Angeles Times reported that, “A federal appeals court grappled with whether a prohibition against excluding jurors because of race or gender should be extended to sexual orientation.”

During an hour-long hearing, a three-judge panel of the U.S. 9th Circuit Court of Appeals peppered lawyers with questions about the removal of a gay man during jury selection for an antitrust trial two years ago.

The dispute between Abbott Laboratories and SmithKline Beecham involved Abbott’s price hike for an AIDS drug, which had infuriated the gay community.  An attorney for  Abbott used a peremptory challenge to exclude a man who had spoken of his male partner while being questioned for possible placement on the jury.

SmithKline objected to the strike, charging that Abbott did not want gays on a jury. The Abbott attorney denied removing the man because of his sexual orientation and insisted that he did not know whether the prospective juror even was gay.”

You can access the audio for the Ninth Circuit oral argument at this link.