Reinhardt wrote that government actions that treat people differently based on sexual orientation “are subject to heightened scrutiny,” like actions singling out racial minorities or women. And he concluded that lawyers aren’t free to strike jurors just because they are gay. That differential treatment, he said, violates the Constitution’s Equal Protection Clause.
That seems so patently obvious to me it’s hard to believe it’s even at issue. Singling out people because they’re gay is like singling out the left-handed or blue-eyed.