Abbott Laboratories licensed SmithKline Beecham Corp. to market an Abbott human immunodeciency virus (HIV) drug in conjunction with one of Smith Kline's drugs. Abbott then increased the price of its drug fourfold, forcing SmithKline to increase its prices and thereby driving business to Abbott's own combination drug. SmithKline -led a suit in a federal district court against

Abbott. During jury selection, Abbott struck the only self-identified gay person among the potential jurors. (The pricing of HIV drugs is of considerable concern in the gay community.) Could the equal protection clause be applied to prohibit discrimination based on sexual orientation in jury selection?

Discuss.