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J. E. B. – Appellant
Versus
ALABAMA EX REL. T. B. , (1994) – Respondent


United States Supreme Court
J.E.B. v. ALABAMA EX REL. T.B., (1994)
No. 92-1239
Argued: November 2, 1993 Decided: April 19, 1994

At petitioners paternity and child support trial, respondent State used 9 of its 10 peremptory challenges to remove male jurors. The court empaneled an all-female jury after rejecting petitioners claim that the logic and reasoning of Batson v. Kentucky, 476 U.S. 79 - in which this Court held that the Equal Protection Clause of the Fourteenth Amendment prohibits peremptory strikes based solely on race - extend to forbid gender-based peremptory challenges. The jury found petitioner to be the father of the child in question and the trial court ordered him to pay child support. The Alabama Court of Civil Appeals affirmed.

Held:

The Equal Protection Clause prohibits discrimination in jury selection on the basis of gender, or on the assumption that an individual will be biased in a particular case solely because that person happens to be a woman or a man. Respondents gender-based peremptory challenges cannot survive the heightened equal protection scrutiny that this Court affords distinctions based on gender. Respondents rationale - that its d







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