A California federal appellate court has agreed to hear a case and potentially rule on the issue of whether lawyers can strike gay jurors because of their sexual orientation. The case has its origins in an antitrust case between two drug makers that involves an AIDS drug . The Supreme Court has previously rule that race and gender are not sufficient grounds to strike jurors. California state law has for nearly a decade barred peremptory challenges on sexual orientation, but the case in question is in a federal appellate court.

Read the New York Times story here