As some people know, an attorney cannot use a peremptory challenge to remove a juror because of the juror's race or gender. To do otherwise would be a violation of Batson and its progeny. At least two states (California and Oregon) have extended Batson through legislation to cover a juror's sexual orientation. West Virginia may soon follow suit.
This week the WV House Judiciary Committee passed an amendment that would include sexual orientation among the factors that courts cannot use to eliminate potential jurors. Currently WV courts cannot ban jurors based on race, color, religion, sex, nation of origin, economic status or disability. West Virginia Delegate Cliff Moore said that he could think of a million reasons to support the amendment but not a single reason to oppose it.
To read more about the legislation go here.