Thou Shall Not Strike: Religion-Based Peremptory Challenges under the Washington State Constitution
This law review article argues against the constitutionality of Washington state's religion-based peremptory challenge, by which lawyers can attempt to strike prospective jurors from the potential pool based on their religious beliefs. The reasoning behind such challenges speaks to Luther's theories and hierarchy of human and divine law.
Read the essay here:
The United States Supreme Court has expressly recognized that state courts have the power to interpret state constitutions to be more protective of civil liberties than the Federal Constitution.1 Many state courts have exercised this power by independently interpreting state constitutional provisions as a means to afford their own citizens greater individual rights than those guaranteed by the Federal Bill of Rights. Read more...