Jury ACCESS Act of 2025
- Sponsor
- Sen. Shaheen, Jeanne [D-NH]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 18, 2025
Bottom line
The bill expands federal jury protection to explicitly include sexual orientation and gender identity, aligning jury selection with broader anti-discrimination principles.
What it actually does
This bill, known as the Jury ACCESS Act of 2025, amends Section 1862 of title 28, United States Code, to explicitly prohibit the exclusion of individuals from service on a Federal jury on account of their sexual orientation or gender identity. It adds these characteristics to the existing list of protected categories, which includes race, color, religion, sex, national origin, and economic status, thereby codifying anti-discrimination protections for LGBTQ+ individuals in federal jury selection.
Proponents argue
Supporters argue that jury service is a fundamental civic duty and right, and no qualified citizen should be excluded based on irrelevant characteristics like sexual orientation or gender identity. They contend that such exclusions undermine the fairness and representativeness of the jury system, perpetuate discrimination, and erode public trust in the judiciary. Ensuring diverse juries, they argue, better reflects the community and strengthens the justice system by bringing a wider range of perspectives to deliberations.
Opponents contend
Opponents, if any, might argue that existing anti-discrimination laws or judicial interpretations already sufficiently cover these protections, making the bill redundant. Some might express concerns about potential impacts on jury selection processes or argue that legislative action on this specific issue is unnecessary, preferring to leave such matters to judicial precedent or broader civil rights legislation. However, direct organized opposition to this specific measure is uncommon given its alignment with general anti-discrimination principles.
The bill text is extremely short and straightforward, requiring less than a minute to read, making it highly accessible for public review.
Section 2
Prohibition of Exclusion from Federal Juries on Account of Sexual Orientation or Gender Identity
This section amends an existing federal law, specifically Section 1862 of title 28, United States Code, which outlines the grounds on which individuals cannot be excluded from federal jury service. It explicitly inserts "sexual orientation, gender identity," into the list of characteristics that cannot be used as a basis for disqualification. This means that federal courts are legally prohibited from excluding potential jurors solely because of their sexual orientation or gender identity, ensuring equal opportunity for all citizens to participate in the federal justice system.
Supporters argue
Supporters argue this provision is a necessary and overdue update to federal law, ensuring that the jury system, a cornerstone of American democracy, truly reflects the diversity of the nation and upholds principles of equality. They contend that explicitly including sexual orientation and gender identity removes any ambiguity and prevents discriminatory practices that could undermine the legitimacy and fairness of trials, thereby strengthening public trust in the judiciary.
Critics contend
No specific organized opposition is typically raised against this provision, as it aligns with broader civil rights principles. Potential arguments, if any, might center on the idea that existing legal frameworks (like general equal protection principles or existing prohibitions against sex discrimination, which some courts have interpreted to include gender identity) already provide sufficient protection, making this amendment redundant.
Tradeoffs
The primary tension, if any, is between the desire for explicit statutory clarity on protected classes versus reliance on broader judicial interpretations or existing general anti-discrimination principles. This bill opts for explicit statutory clarity to ensure consistent application and stronger legal safeguards.