When a prospective juror says “I believe homosexuality is a sin” just like stealing, may that person be the “fair and impartial” juror? In a case brought by a lesbian prison guard whose claim is harassment on the job? The default answer should be “no.”

Yet according to Justice Samuel Alito the answer is presumptively “yes,” as long as the belief is religion-based. He expressed this Feb. 20 when the U.S. Supreme Court declined to hear an appeal, wanting to voice his concern about what he saw as anti-religious [Christian] discrimination.

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