Republican U.S. Sen. Susan Collins (ME) on Wednesday joined her Democratic colleague Jeanne Shaheen (NH) as a co-sponsor of now-bipartisan legislation to prevent discrimination against LGBTQ+ Americans during the federal jury selection process.
The bill would prohibit discrimination against jurors in federal courts on the basis of sexual orientation or gender identity.
Related
Sen. Tammy Baldwin & 44 others fight GOP’s anti-LGBTQ+ provisions in “must pass” funding bills
The provisions “undermine people’s ability to make decisions about their bodies, lives, and futures,” the senators wrote.
Shaheen has introduced the legislation multiple times in the Senate without success. The inclusion of Collins may give the bill a bipartisan bump.
Insights for the LGBTQ+ community
Subscribe to our briefing for insights into how politics impacts the LGBTQ+ community and more.
Subscribe to our Newsletter today
Current federal statute bars jury discrimination based on race, color, religion, sex, national origin, and economic status. There is no federal prohibition on discriminating against jurors based on sexual orientation or gender identity, even though a 2020 U.S. Supreme Court decision defined anti-LGBTQ+ workplace discrimination as a form of sex-based discrimination already prohibited by the Civil Rights Act of 1964.
The bipartisan legislation follows a House version of the bill, introduced by out Rep. Becca Balint (D-VT) and Lizzie Fletcher (D-TX). Their bill interpreted “sex” as including LGBTQ+ people. The Senate bill revives that effort with more explicit protections.
“Serving on a jury is a civic duty that no one should be prevented from fulfilling because of who they are or who they love,” Shaheen said, announcing the bill. “It’s preposterous that under current law there are no protections prohibiting discrimination against LGBTQ+ jurors in federal courts and Congress must take action to rectify this injustice.”
Shaheen and Collins’ legislation, the Jury ACCESS Act (or Jury Access for Capable Citizens and Equality in Service Selection Act), would amend federal statute to include “sexual orientation” and “gender identity,” meaning that striking jurors on either basis would be explicitly prohibited under federal law for the first time.
“Serving on a jury is a fundamental right and obligation that no individual should be prohibited from fulfilling based on their sexual orientation or gender identity,” Collins said. “I have long worked to fight discrimination, and I am proud to join this effort to help eliminate bias from our judicial system.”
Currently, 17 U.S. states prohibit excluding jurors based on sexual orientation in state courts. Just 12 provide protections for gender identity.
Collins, a senior member of the Defense Appropriations Subcommittee, voted in favor of the latest National Defense Authorization Act (NDAA), which stripped gender-affirming care for trans youth from service members’ health plans.
She has a mixed record on LGBTQ+ rights overall. The Human Rights Campaign’s (HRC) Congressional Scorecard from October 2024 lists Collins’ score as 58%.
Shaheen is a longtime supporter of LGBTQ+ rights. After she announced her retirement from the Senate earlier this year, out U.S. Rep. Chris Pappas (D-NH) jumped in the race in April.
Subscribe to the LGBTQ Nation newsletter and be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.