Garcia

Cano Garcia was charged with burglary. During his trial, it somehow became known that two members of the jury venire were lesbians. In fact, they both worked for the same gay and lesbian foundation. After the prosecution excused both women, defense counsel made a Wheeler motion. There was a discussion at the bench, and the trial court denied the motion, explaining, “Well, I am going to rule that sexual preference is not a cognizable group .... I don’t think that your sexual preference specifically relates to them sharing a common perspective or common social or psychological outlook on human events. [1[] Lesbians or gay men vary in their social and psychological outlook on human events and I don’t think fit into this protection. So I’m going to deny your motion.” This is Garcia’s sole assignment of error.

In 1986, the United States Supreme Court decided Batson v. Kentucky (1986) 476 U.S. 79 [ 106 S.Ct. 1712 , 90 L.Ed.2d 69 ], holding that the equal protection clause of the United States Constitution prohibits jury selection based upon racial stereotyping. Eight years later, it decided J. E. B. v. Alabama ex rel T. B. (1994) 511 U.S. 127 [ 114 S.Ct. 1419 , 128 L.Ed.2d 89…