S.2122 - Jury Access for Capable Citizens and Equality in Service Selection Act of 2025; Jury ACCESS Act of 2025 (119th Congress)
Summary
S.2122, the Jury ACCESS Act of 2025, aims to amend Title 28 of the United States Code to prohibit the exclusion of individuals from federal jury service based on sexual orientation or gender identity. The bill was introduced in the Senate on June 18, 2025, and referred to the Committee on the Judiciary. The proposed change would add 'sexual orientation, gender identity' to the list of protected characteristics in Section 1862 of Title 28, which currently prohibits discrimination based on race, color, religion, sex, national origin, and economic status.
Expected Effects
The primary effect of this bill, if enacted, would be to expand the pool of eligible jurors in federal courts by ensuring that individuals are not excluded based on their sexual orientation or gender identity. This could lead to more diverse juries and potentially fairer trials. It reinforces the principle of equal opportunity and non-discrimination within the justice system.
Potential Benefits
- Promotes social equity by ensuring equal opportunity for jury service regardless of sexual orientation or gender identity.
- Enhances the diversity of federal juries, potentially leading to more representative and just outcomes.
- Reinforces the principle of non-discrimination in the justice system.
- Aligns federal jury selection practices with evolving societal values and legal interpretations.
- May increase public trust in the fairness and impartiality of the judicial process.
Potential Disadvantages
- May lead to challenges in defining and verifying 'gender identity' for jury selection purposes.
- Could potentially introduce new grounds for appeals based on alleged discrimination in jury selection.
- Some may argue that this bill creates a 'special right' based on identity, rather than focusing on individual qualifications.
- There may be concerns about the potential impact on the composition and deliberations of juries, although this is speculative.
- Minimal potential for increased administrative burden in updating jury selection procedures.
Constitutional Alignment
The proposed bill aligns with the principles of equal protection and due process, which are central to the Fifth and Fourteenth Amendments. While the Constitution does not explicitly address sexual orientation or gender identity, the Supreme Court's interpretation of equal protection has evolved to include protections against discrimination. By ensuring that individuals are not excluded from jury service based on these characteristics, the bill promotes a more inclusive and representative justice system, furthering the goal of equal treatment under the law.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).