Sotomayor, J., dissenting
backgrounds marrying and/or having children and am not afraid to say so.
(__) I oppose people of different racial backgrounds marrying and/or having children, but I try to keep my feelings to myself.
(__) I do not oppose people of different racial backgrounds marrying or being together, but I do oppose them having children.
(__) I think people should be able to marry or be with anyone they wish.
PLEASE TELL US WHY YOU FEEL THIS WAY: [blank provided].” App. to Pet. for Cert. 391a–392a (boldface deleted).
At issue in this case are the responses of three white jurors.
First, juror number four indicated that he “vigorously oppose[d]” interracial marriage and that he was “not afraid to say so.” Id., at 392a. In the additional space provided, he wrote: “I don’t believe God intended for this.” Ibid.
During individual voir dire, defense counsel engaged in the following colloquy with this juror:
“[Q.] Well, how would—how do you feel about, if you are sitting on a case where the defendant or a defendant accused of capital murder was a black male, and the victim, his wife, was a white female.
[A.] Well, I think—I think it’s wrong to have those relationships, my view, but we are all human beings and God made every one of us. And, you know, as far as—I don’t care if it is white/white, black/black, that don’t matter to me. If you’ve done it, you are a human being, you have got to own up to your responsibility.
[Q.] So, the color of anyone’s skin would not have any impact or bearing upon your deliberations?
[A.] No, not according to that, no.
[Q.] Okay.
[A.] Not whether they were guilty or innocent.
