This week the 9th Circuit heard arguments in United States v. Daniel Osazuwa. This case involves a gay defendant who was convicted of assaulting a prison guard. In his appeal, the defendant claims that his trial was flawed because the judge failed to grant his Batson challenge. The Batson issue arose because the governement used a peremptory challenge to remove a lesbian from the jury pool.
To date, Batson, at least on the federal level, has only been applied to race, gender and ethnicity not sexual orientation. Previous attempts to extend Batson to sexual orientation have been unsuccessful. However, the legal landscape has changed since those efforts. Most significantly, the current administration now believes that sexual-orientation classifications should be reviewed at a heightened level of scrutiny as opposed to the lowest level of scrutiny (rational basis) which was used in the past. With this change, it is quite possible that the Osazuwa case may expand the reach of Batson.
For more information on this topic see the articles below and the government's brief here.
Care2.com (blog): Lesbian's Exclusion from Jury Duty Raises Legal Scrutiny Question