U.S. Senators Jeanne Shaheen, a New Hampshire Democrat, and Susan Collins, a Republican from Maine, have reintroduced legislation that would, for the first time, explicitly prohibit discrimination against LGBTQ+ people during the federal jury selection process.
The Jury ACCESS Act—short for Jury Access for Capable Citizens and Equality in Service Selection—would amend federal law to add “sexual orientation” and “gender identity” to the list of protected characteristics in jury service, placing LGBTQ+ Americans on equal legal footing with other protected groups such as women and people of color. Current federal statute bars jury discrimination based on race, color, religion, sex, national origin, and economic status—but not LGBTQ+ status.
The reintroduction follows a broader legislative push in the U.S. House last year. In June 2024, Reps. Becca Balint, a lesbian from Vermont, and Lizzie Fletcher of Texas introduced the Juror Non-Discrimination Act, which sought similar protections while also expanding the legal definition of sex to include sex characteristics and gender identity. Balint, who is out, told The Advocate at the time, “Federal law does not explicitly protect LGBTQ+ people from discrimination in the jury selection process. This is alarming because I do not trust the state of our political enemies.”
The Senate bill revives those efforts.
“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 in a press release on the bipartisan push launched during Pride Month. “It’s preposterous that under current law there are no protections prohibiting discrimination against LGBTQ+ jurors in federal courts.”
Collins said the bill is about fairness in the justice system. “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,” she said.
While 17 states currently prohibit excluding jurors based on sexual orientation in state courts, only 12 provide protections for gender identity, the release notes. The bill would close that federal gap.