Casarez v. State
This case from the Court of Criminal Appeals of Texas addresses whether the Equal Protection Clause of the Fourteenth Amendment prohibits the use of peremptory challenges based on religion. George Toby Casarez, convicted of aggravated sexual assault, challenged the prosecution's use of peremptory strikes against two Pentecostal veniremembers. Initially, the court ruled that such challenges were unconstitutional, reversing the lower court. However, on rehearing, the court reversed its prior stance, affirming the Court of Appeals' judgment. The final decision held that while race and sex-based peremptory challenges are prohibited, religious-based challenges are permissible because religious affiliation, unlike race or sex, directly relates to a veniremember's beliefs, which can genuinely impact their ability to be fair and impartial jurors. This distinction allows for the preservation of peremptory challenges based on specific beliefs without violating equal protection principles against invidious stereotypes.