San Diego Judge Says Gay Jurors Shouldn't Have Been Struck From Jury

Neal Broverman

Neal Broverman is the Editorial Director, Print of Pride Media, publishers of The Advocate, Out, Out Traveler, and Plus, spending more than 20 years in journalism. He indulges his interest in transportation and urban planning with regular contributions to Los Angeles magazine, and his work has also appeared in the Los Angeles Times and USA Today. He lives in the City of Angels with his husband, children, and their chiweenie.

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Neal Broverman

May 03 2012 7:29 PM EST

November 17 2015 5:28 AM EST

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Superior Court judge Joan Weber (pictured) told San Diego's assistant city attorney that he erred when he struck gay jurors from a case involving people protesting California's Prop. 8.

Six defendants remain charged for allegedly blocking operations at a county clerk's office during a 2010 protest against California's ban on same-sex marriage (three accepted a deal).

While proceeding with jury selection on the case, the prosecutors struck gay jurors, including one who said he protested in support of LGBT rights. Weber called the move "shocking" and ordered all the chosen jurors struck. California has a law that makes it illegal to strike someone from a jury just because they are LGBT. Weber is urging the city attorney's office to reduce the charges from misdemeanors to infractions.