Republican Senator Susan Collins of Maine has added bipartisan weight to new legislation aimed at banning discrimination against LGBTQ+ Americans in federal jury selection. She joins Democratic Senator Jeanne Shaheen of New Hampshire in co-sponsoring the Jury ACCESS Act, marking a renewed effort to close a key civil rights gap.
The bill, formally titled the Jury Access for Capable Citizens and Equality in Service Selection Act, seeks to amend federal law to explicitly prohibit the exclusion of jurors based on sexual orientation or gender identity, protections currently absent in federal statute.
While existing law bars discrimination on the basis of race, sex, religion, national origin, and economic status, LGBTQ+ individuals are not covered. This comes despite the U.S. Supreme Court’s 2020 ruling that anti-LGBTQ+ workplace discrimination constitutes sex-based discrimination under the Civil Rights Act of 1964.
“Serving on a jury is a civic duty that no one should be prevented from fulfilling because of who they are or who they love,” said Shaheen in a statement. “It’s preposterous that under current law there are no protections prohibiting discrimination against LGBTQ+ jurors in federal courts.”
Collins echoed the sentiment, stating, “Serving on a jury is a fundamental right and obligation that no individual should be prohibited from fulfilling based on their sexual orientation or gender identity. I have long worked to fight discrimination, and I am proud to join this effort to help eliminate bias from our judicial system.”
The bipartisan support could offer the legislation a stronger chance of passing than in previous attempts. Shaheen has introduced similar bills multiple times without success. The Senate initiative follows a House version led by Representatives Becca Balint (D-VT) and Lizzie Fletcher (D-TX), which proposed a broader interpretation of “sex” under existing protections.
Currently, only 17 states explicitly prohibit the exclusion of jurors based on sexual orientation in state courts, while just 12 extend those protections to gender identity.
Despite Collins’ backing, her overall record on LGBTQ+ issues remains mixed. According to the Human Rights Campaign’s October 2024 Congressional Scorecard, she received a 58% rating. She also supported the National Defence Authorisation Act that eliminated gender-affirming care for transgender youth in military families.
Shaheen, a consistent advocate for LGBTQ+ rights, announced her retirement from the Senate earlier this year. Her departure has sparked a closely watched race in New Hampshire, with openly gay U.S. Representative Chris Pappas entering the race in April.
