Judge Scolds Prosecutors for Dismissing Gay Juror
A San Diego judge dismissed an entire jury panel Tuesday, after prosecutors rejected a gay man as a potential juror in a same-sex marriage case.
Superior Court Judge Joan Weber ruled defendants in the case were denied a representative jury and called the actions of the city attorney’s office "shocking," U-T San Diego reported.
Her ruling means the lawyers will have to pick a new panel if the case goes to trial.
The case stems from the Aug. 19, 2010, arrest of nine people who were protesting Proposition 8, California’s same-sex marriage ban, at the county clerk’s office. Defense attorneys say the peaceful protest did not disrupt business.
Prosecutors said in court that the potential juror indicated he had protested in support of gay rights issues in the past, so they deemed him an unsuitable juror for the case.
Outside the courtroom Tuesday, Assistant City Attorney Andrew Jones said that the case is only about whether defendants unlawfully blocked the operation of the county clerk’s office.
"It has nothing to do with same-sex marriage," Jones said.