Appellant, a woman, killed her husband and was convicted in a
Florida state court of second-degree murder. She claimed that her
trial before an all-male jury violated her rights under the
Fourteenth Amendment. A Florida statute provides, in substance,
that no woman shall be taken for jury service unless she volunteers
for it.
Held: The Florida statute is not unconstitutional on
its face or as applied in this case. Pp.
368 U. S.
58-69.
(a) The right to an impartially selected jury assured by the
Fourteenth Amendment does not entitle one accused of crime to a
jury tailored to the circumstances of the particular case. It
requires only that the jury be indiscriminately drawn from among
those in the community eligible for jury service, untrammelled by
any arbitrary and systematic exclusions. Pp.
368 U. S.
58-59.
(b) The Florida statute is not unconstitutional on its face,
since it is not constitutionally impermissible for a State to
conclude that a woman should be relieved from jury service unless
she herself determines that such service is consistent with her own
special responsibilities. Pp.
368 U. S.
59-65.
(c) It cannot be said that the statute is unconstitutional as
applied in this case, since there is no substantial evidence in the
record that Florida has arbitrarily undertaken to exclude women
from jury service. Pp.
368 U. S.
65-69.
119 So. 2d
691, affirmed
Page 368 U. S. 58
MR. JUSTICE HARLAN delivered the opinion of the Court.
Appellant, a woman, has been convicted in Hillsborough County,
Florida, of second degree murder of her husband. On this appeal
under 28 U.S.C. § 1257(2) from the Florida Supreme Court's
affirmance of the judgment of conviction,
119
So. 2d 691, we noted probable jurisdiction, 364 U.S. 930, to
consider appellant's claim that her trial before an all-male jury
violated rights assured by the Fourteenth Amendment. The claim is
that such jury was the product of a state jury statute which works
an unconstitutional exclusion of women from jury service.
The jury law primarily in question is Fla.Stat., 1959, §
40.01(1). This Act, which requires that grand and petit jurors be
taken from "male and female" citizens of the State possessed of
certain qualifications, [
Footnote
1] contains the following proviso:
"provided, however, that the name of no female person shall be
taken for jury service unless said person has registered with the
clerk of the circuit court her desire to be placed on the jury
list."
Showing that, since the enactment of the statute, only a minimal
number of women have so registered, appellant challenges the
constitutionality of the statute both on its face and as applied in
this case. For reasons now to follow we decide that both
contentions must be rejected.
At the core of appellant's argument is the claim that the nature
of the crime of which she was convicted peculiarly demanded the
inclusion of persons of her own sex on the jury. She was charged
with killing her husband by assaulting him with a baseball bat. An
information
Page 368 U. S. 59
was filed against her under Fla.Stat., 1959, § 782.04, which
punishes as murder in the second degree
"any act imminently dangerous to another, and evincing a
depraved mind regardless of human life, although without any
premeditated design to effect the death of any particular
individual. . . ."
As described by the Florida Supreme Court, the affair occurred
in the context of a marital upheaval involving, among other things,
the suspected infidelity of appellant's husband, and culminating in
the husband's final rejection of his wife's efforts at
reconciliation. It is claimed, in substance, that women jurors
would have been more understanding or compassionate than men in
assessing the quality of appellant's act and her defense of
"temporary insanity." No claim is made that the jury as constituted
was otherwise afflicted by any elements of supposed unfairness.
Cf. Irvin v. Dowd, 366 U. S. 717.
Of course, these premises misconceive the scope of the right to
an impartially selected jury assured by the Fourteenth Amendment.
That right does not entitle one accused of crime to a jury tailored
to the circumstances of the particular case, whether relating to
the sex or other condition of the defendant, or to the nature of
the charges to be tried. It requires only that the jury be
indiscriminately drawn from among those eligible in the community
for jury service, untrammelled by any arbitrary and systematic
exclusions.
See Fay v. New York, 332 U.
S. 261,
332 U. S.
284-285, and the cases cited therein. The result of this
appeal must therefore depend on whether such an exclusion of women
from jury service has been shown.
I
We address ourselves first to appellant's challenge to the
statute on its face.
Several observations should initially be made. We, of course,
recognize that the Fourteenth Amendment reaches
Page 368 U. S. 60
not only arbitrary class exclusions from jury service based on
race or color, but also all other exclusions which "single out" any
class of persons "for different treatment not based on some
reasonable classification."
Hernandez v. Texas,
347 U. S. 475,
347 U. S. 478.
We need not, however, accept appellant's invitation to canvass in
this case the continuing validity of this Court's dictum in
Strauder v. West Virginia, 100 U.
S. 303,
100 U. S. 310,
to the effect that a State may constitutionally "confine" jury duty
"to males." This constitutional proposition has gone unquestioned
for more than eighty years in the decisions of the Court,
see
Fay v. New York, supra, at
332 U. S.
289-290, and had been reflected, until 1957, in
congressional policy respecting jury service in the federal courts
themselves. [
Footnote 2] Even
were it to be assumed that this question is still open to debate,
the present case tenders narrower issues.
Manifestly, Florida's § 40.01(1) does not purport to exclude
women from state jury service. Rather, the statute "gives to women
the privilege to serve, but does not impose service as a duty."
Fay v. New York, supra, at
332 U. S. 277.
It accords women an absolute exemption from jury service unless
they expressly waive that privilege.
Page 368 U. S. 61
This is not to say, however, that what in form may be only an
exemption of a particular class of persons can in no circumstances
be regarded as an exclusion of that class. Where, as here, an
exemption of a class in the community is asserted to be in
substance an exclusionary device, the relevant inquiry is whether
the exemption itself is based on some reasonable classification and
whether the manner in which it is exercisable rests on some
rational foundation.
In the selection of jurors, Florida has differentiated between
men and women in two respects. It has given women an absolute
exemption from jury duty based solely on their sex, no similar
exemption obtaining as to men. [
Footnote 3] And it has provided for its effectuation in a
manner less onerous than that governing exemptions exercisable by
men: women are not to be put on the jury list unless they have
voluntarily registered for such service; men, on the other hand,
even if entitled to an exemption, are to be included on the list
unless they have filed a written claim of exemption as provided by
law. [
Footnote 4] Fla.Stat.,
1959, § 40.10.
In neither respect can we conclude that Florida's statute is not
"based on some reasonable classification," and that it is thus
infected with unconstitutionality. Despite the enlightened
emancipation of women from the restrictions
Page 368 U. S. 62
and protections of bygone years, and their entry into many parts
of community life formerly considered to be reserved to men, woman
is still regarded as the center of home and family life. We cannot
say that it is constitutionally impermissible for a State, acting
in pursuit of the general welfare, to conclude that a woman should
be relieved from the civic duty of jury service unless she herself
determines that such service is consistent with her own special
responsibilities.
Florida is not alone in so concluding. Women are now eligible
for jury service in all but three States of the Union. [
Footnote 5] Of the forty-seven States
where women are eligible, seventeen besides Florida, as well as the
District of Columbia, have accorded women an absolute exemption
based solely on their sex, exercisable in one form or another.
[
Footnote 6] In two of these
States, as in Florida, the
Page 368 U. S. 63
exemption is automatic, unless a woman volunteers for such
service. [
Footnote 7] It is
true, of course, that Florida could have limited the exemption, as
some other States have done, only to women who have family
responsibilities. [
Footnote 8]
But we cannot regard it as irrational for a state legislature to
consider preferable a broad exemption, whether born of the State's
historic public policy or of a determination that it would not be
administratively feasible to decide in each individual instance
whether the family responsibilities of a prospective female juror
were serious enough to warrant an exemption
Page 368 U. S. 64
Likewise, we cannot say that Florida could not reasonably
conclude that full effectuation of this exemption made it desirable
to relieve women of the necessity of affirmatively claiming it,
while at the same time requiring of men an assertion of the
exemptions available to them. Moreover, from the standpoint of its
own administrative concerns, the State might well consider that it
was
"impractical to compel large numbers of women, who have an
absolute exemption, to come to the clerk's office for examination,
since they so generally assert their exemption."
Fay v. New York, supra at
332 U. S. 277;
compare 28 U.S.C. § 1862; H.R.Rep. No. 308, 80th Cong.,
1st Sess. A156 (1947). [
Footnote
9]
Appellant argues that whatever may have been the design of this
Florida enactment, the statute, in practical operation, results in
an exclusion of women from jury service, because women, like men,
can be expected to be available for jury service only under
compulsion. In this connection, she points out that, by 1957, when
this trial took place, only some 220 women out of approximately
46,000 registered female voters in Hillsborough County --
constituting about 40 percent of the total voting population of
that county [
Footnote 10] --
had volunteered for jury duty since the limitation of jury service
to males,
see Hall v. Florida, 136 Fla. 644, 662-665, 187
So. 392, 400-401, was removed by § 40.01(1) in 1949. Fla.Laws 1949,
c. 25, 126
Page 368 U. S. 65
This argument, however, is surely beside the point. Given the
reasonableness of the classification involved in § 40.01(1), the
relative paucity of women jurors does not carry the constitutional
consequence appellant would have it bear. "Circumstances or chance
may well dictate that no persons in a certain class will serve on a
particular jury or during some particular period."
Hernandez v.
Texas, supra, at
347 U. S.
482.
We cannot hold this statute, as written, offensive to the
Fourteenth Amendment.
II
Appellant's attack on the statute as applied in this case fares
no better.
In the year here relevant Fla.Stat., 1955, § 40.10, in
conjunction with § 40.02, required the jury commissioners, with the
aid of the local circuit court judges and clerk, to compile
annually a jury list of 10,000 inhabitants qualified to be jurors.
In 1957, the existing Hillsborough County list had become exhausted
to the extent of some 3,000 jurors. The new list was constructed by
taking over from the old list the remaining some 7,000 jurors,
including 10 women, and adding some 3,000 new male jurors to build
up the list to the requisite 10,000. At the time, some 220 women
had registered for jury duty in this county, including those taken
over from the earlier list.
The representative of the circuit court clerk's office, a woman,
who actually made up the list, testified as follows as to her
reason for not adding others of the 220 "registered" women to the
1957 list:
"Well, the reason I placed ten is I went back two or three, four
years, and noticed how many women they had put on before, and I put
on approximately the same number."
She further testified:
"Mr. Lockhart [one of the jury commissioners] told me at one
time to go back approximately two or three years to get the names
because they were recent women that had signed up, because, in this
book [the female juror
Page 368 U. S. 66
register], there are no dates at the beginning of it, so we
can't -- I don't know exactly how far back they do go, and so I
just went back two or three years to get my names."
When read in light of Mr. Lockhart's testimony, printed in the
margin, [
Footnote 11] it is
apparent that the idea was to avoid
Page 368 U. S. 67
listing women who though registered might be disqualified
because of advanced age or for other reasons.
Appellant's showing falls far short of giving this procedure a
sinister complexion. It is true, of course, that the proportion of
women on the jury list (10) to the total of those registered for
such duty (some 220) was less than 5%, and not 27% as the trial
court mistakenly said and �
3
and S. 68� the state appellate court may have thought. But when
those listed are compared with the 30 or 35 women who had
registered since 1952 (
note
11 p. 66) the proportion rises to around 33%, hardly suggestive
of an arbitrary, systematic exclusionary purpose. Equally
unimpressive is appellant's suggested "male" proportion, which we
are asked to contrast with the female percentage. The male
proportion is derived by comparing the number of males contained on
the jury list with the total number of male electors in the county.
But surely the resulting proportion is meaningless when the record
does not even reveal how many of such electors were qualified for
jury service, how many had been granted exemptions (notes
3 and |
3 and S. 57fn4|>4, p. 61), and how many on the list had
been excused when first called. (
Id.)
This case in no way resembles those involving race or color in
which the circumstances shown were found by this Court to compel a
conclusion of purposeful discriminatory exclusions from jury
service.
E.g., Hernandez v. Texas, supra; Norris v.
Alabama, 294 U. S. 587;
Smith v. Texas, 311 U. S. 128;
Hill v. Texas, 316 U. S. 400;
Eubanks v. Louisiana, 356 U. S. 584.
There is present here neither the unfortunate atmosphere of ethnic
or racial prejudices which underlay the situations depicted in
those cases nor the long course of discriminatory administrative
practice which the statistical showing in each of them evinced.
In the circumstances here depicted, it indeed "taxes our
credulity,"
Hernandez v. Texas, supra, at
347 U. S. 482,
to attribute to these administrative officials a deliberate design
to exclude the very class whose eligibility for jury service the
state legislature, after many years of contrary policy, had
declared only a few years before. (
See p.
368 U. S. 64,
supra.) It is sufficiently evident from the record that
the presence on the jury list of no more than ten or twelve women
in the earlier years, and the failure to add in 1957 more women to
those already on the list, are attributable
Page 368 U. S. 69
not to any discriminatory motive, but to a purpose to put on the
list only those women who might be expected to he qualified for
service if actually called. Nor is there the slightest suggestion
that the list was the product of any plan to place on it only women
of a particular economic or other community or organizational
group.
Cf. Thiel v. Southern Pacific Co., 328 U.
S. 217;
Glasser v. United States, 315 U. S.
60,
315 U. S. 83-87.
And see also Fay v. New York, supra, at
332 U. S.
287.
Finally, the disproportion of women to men on the list
independently carries no constitutional significance. In the
administration of the jury laws, proportional class representation
is not a constitutionally required factor.
See Akins v.
Texas, 325 U. S. 398,
325 U. S. 403;
Cassell v. Texas, 339 U. S. 282,
339 U. S.
286-287;
Fay v. New York, supra, at
332 U. S.
290-291.
Finding no substantial evidence whatever in this record that
Florida has arbitrarily undertaken to exclude women from jury
service, a showing which it was incumbent on appellant to make,
Hernandez v. Texas, supra, at
347 U. S.
479-480;
Fay v. New York, supra, at
332 U. S. 285,
we must sustain the judgment of the Supreme Court of Florida.
Cf. Akins v. Texas, supra.
Affirmed.
[
Footnote 1]
Jurors must be:
"persons over the age of twenty-one years, who are citizens of
this state, and who have resided in the state for one year and in
their respective counties for six months, and who are duly
qualified electors of their respective counties. . . ."
[
Footnote 2]
From the First Judiciary Act of 1789, § 29, 1 Stat. 73, 88, to
the Civil Rights Act of 1957, 71 Stat. 634, 638, 28 U.S.C. § 1861
-- a period of 168 years -- the inclusion or exclusion of women on
federal juries depended upon whether they were eligible for jury
service under the law of the State where the federal tribunal sat.
See Ballard v. United States, 329 U.
S. 187,
329 U. S.
191-192;
Glasser v. United States, 315 U. S.
60,
315 U. S. 64-65.
By the Civil Rights Act of 1957, Congress made eligible for jury
service "Any citizen of the United States," possessed of specified
qualifications, 28 U.S.C. § 1861, thereby for the first time making
qualifications for federal jury service wholly independent of those
prescribed by state law. The effect of that statute was to make
women eligible for federal jury service even though ineligible
under state law.
See United States v.
Wilson, 158 F.
Supp. 442,
aff'd, 255 F.2d 686. There is no indication
that such congressional action was impelled by constitutional
considerations.
Cf. Fay v. New York, supra, at
332 U. S.
290.
[
Footnote 3]
Men may be exempt because of age, bodily infirmity, or because
they are engaged in certain occupations. Fla.Stat., 1959, §
40.08.
[
Footnote 4]
Under Fla.Stat., 1959, § 40.12, every person claiming an
exemption, other than as provided with respect to women in §
40.01(1), must file, annually, before December 31 with the clerk of
the circuit court an affidavit of exemption and the grounds on
which such claim is based. The affidavit is forwarded to the jury
commissioners, who, if the affidavit is found sufficient, then omit
the affiant from the jury list for the succeeding calendar year. In
case exemption is denied, the claim to it may be renewed in any
court in which the affiant is summoned as a juror during that year.
The exemption for such year is lost, however, by failure to file
the required affidavit before the end of the preceding year.
[
Footnote 5]
Alabama, Ala.Code, 1940 (Recompiled Vol.1958), Tit. 30,
§ 21;
Mississippi, Miss.Code Ann., 1942 (Recompiled
Vol.1956), § 1762;
South Carolina, S.C.Code, 1952, §
38-52.
[
Footnote 6]
Alaska, Alaska Comp.Laws Ann., 1949, § 55-7-24 Eighth;
Arkansas, Ark.Stat., 1947, § 39-112;
District of
Columbia, D.C.Code, 1961, Tit. 11, § 1418;
Georgia,
Ga.Code Ann., 1933 (Supp. 1958), § 59-124;
Idaho, Idaho
Code, 1948, § 2 411 and (Supp. 1961) § 2-304;
Kansas,
Kan.Gen.Stat., 1949, § 43-116, § 43-117;
Louisiana,
La.Rev.Stat., 1950, § 15:172.1;
Minnesota, Minn.Stat.Ann.,
1947, § 593.04; (Supp. 1960) § 628.49;
Missouri,
Mo.Const., Art. I, § 22(b);
Nevada, Nev.Rev.Stat., 1957, §
6.020(3);
New Hampshire, N.H.Rev.Stat.Ann., 1955, § 500:1;
New York, McKinney's N.Y.Laws, Judiciary Law (Supp. 1961),
§ 507(7);
North Dakota, N.D.Cent.Code, 1960, § 27-09 04;
Rhode Island, R.I.Gen.Laws, 1956, § 9-9-11;
Tennessee, Tenn.Code Ann., 1955, § 22-101, § 22-108;
Virginia, Va.Code, 1950 (Replacement Vol.1957, Supp.
1960), § 8-178 (30);
Washington, Wash.Rev.Code, 1951, §
2.36.080;
Wisconsin, Wis.Stat.Ann., 1957, § 6.015(2).
In twenty-one States, women, generally speaking, are eligible
for jury service on the same basis and considerations as men:
Arizona, Ariz.Rev.Stat.Ann., 1956, § 21-202, § 21-336;
California, Calif.Code Civ.Proc., 1954, § 198, § 200, §
201;
Colorado, Colo.Rev.Stat., 1953, § 78-1-1(2), §
78-1-3, § 78-1-7;
Delaware, Del.Code Ann., 1953, Tit. 10,
§ 4504;
Hawaii, Hawaii Const., Art. I, § 12; Hawaii
Rev.Laws, 1955, § 221-3, § 221-4;
Illinois, Smith-Hurd's
Ill.Ann.Stat., 1935 (Supp. 1960), c. 78, § 4;
Indiana,
Burns' Ind.Ann.Stat., 1933 (Replacement Vol.1946; Supp. 1961), §
4-3317;
Iowa, Iowa Code Ann., 1950, § 607.2, § 607.3;
Kentucky, Ky.Rev.Stat., 1960, § 29.035;
Maine,
Me.Rev.Stat., 1954, c. 116, § 7;
Maryland, Michie's
Md.Ann.Code, 1957, Art. 51, § 3 and (Supp. 1961) Art. 51, § 8
(women still have an absolute exemption in four counties);
Michigan, Mich.Stat.Ann., 1938 (Supp. 1959), § 27.263, §
27.264;
Montana, Mont.Rev.Code Ann., 1947, § 93-1304, §
93-1305;
New Jersey, N.J.Stat.Ann., 1952 (Supp. 1960), §
2A:69-1, § 2A:69-2;
New Mexico, N.M.Stat.Ann., 1953, §
19-1-2, § 19-1-31;
Ohio, Page's Ohio Rev.Code Ann., 1954,
§ 2313.12, § 2313.16;
Oregon, Ore.Rev.Stat., 1959, §
10.040, § 10.050;
Pennsylvania, Purdon's Pa.Stat.Ann.,
1930, Tit. 17, § 1279, § 1280;
South Dakota, S.D.Code,
1939 (Supp. 1960), § 32.1001, § 32.1002;
Vermont,
Vt.Stat.Ann., 1958, Tit. 12, § 1410;
West Virginia,
W.Va.Code, 1955 (Supp. 1960), § 5262.
[
Footnote 7]
Louisiana, La.Rev.Stat., 1950, § 15:172.1;
New
Hampshire, N.H.Rev.Stat.Ann., 1955, § 500:1.
[
Footnote 8]
In eight States, women may be excused if they have family
responsibilities which would make jury service an undue hardship:
Connecticut, Conn.Gen.Stat.Rev.1958, c. 884, § 51-218;
Massachusetts, Mass.Gen.Laws Ann., 1959, c. 234, § 1, §
1A;
Nebraska, Neb.Rev.Stat., 1943 (Reissue Vol.1956), §
25-1601.01, § 25-1601.02;
North Carolina, N.C.Gen.Stat.,
1943 (Recompiled Vol.1953; Supp. 1959), § 9-19;
Oklahoma,
Okla.Stat.Ann., 1951 (Supp. 1960), Tit. 38, § 28;
Texas,
Vernon's Tex.Rev.Civ.Stat., 1926 (Supp. 1960), Art. 2135;
Utah, Utah Code Ann., 1953, § 78-46-10(14);
Wyoming, Wyo.Comp.Stat., 1945 (Supp. 1957), § 12-104.
[
Footnote 9]
28 U.S.C. § 1862 exempts from federal jury duty those in active
service in the armed forces, members of federal or local police and
fire departments, and certain actively engaged federal, state and
local public officials. The House Report on the bill states:
"This section [§ 1862] makes provision for specific exemption of
classes of citizens usually excused from jury service in the
interest of the public health, safety, or welfare. The inclusion in
the jury list of persons so exempted usually serves only to waste
the time of the court."
[
Footnote 10]
114,247, of which some 68,000 were men.
[
Footnote 11]
Mr. Lockhart testified:
"Q. All right. Now, getting back to March 8, 1957, how many
eligible female women were registered in that book?"
"A. Well, I don't know how many were qualified, but they have
the names on there of about 220."
"Q. Approximately 220?"
"A. As I say, from 1952, on, since I went back on the second
time, there has only been about 35 that has registered with the
Clerk of the Circuit Court."
"Q. All right, sir. Now, were there any eligible female names
left off of this jury list which you've prepared?"
"A. There probably were."
"Q. On March 8, 1957?"
"A. From the last four years, we have been averaging about ten
to twelve on each list."
"Q. All right. Why is that, Mr. Lockhart?"
"A. Because, since 1952, there has only been about 30, 35 that's
qualified to, I mean, went down and registered for jury duty. You
don't have much to choose from."
"Q. Well, now, how do you select women's names from that
registration book?"
"A. Well, we just have to take the names on there, that's
all."
"Q. Well, you've used some system with reference to that book,
do you not?"
"A. Well, we try to check them through. They did before this
last year. I tried to check them through the City Directory. You'll
find that a good many of the women folks now are over 65. In fact,
one of them is approximately eighty."
"Q. What I am trying to get at, Mr. Lockhart, is this. If there
were only ten women's names, as you testified, went into the
present jury list, and there were at the time about 220 eligible
women who had registered for jury service, why the difference
between ten and 220 which were apparently eligible?"
"A. Well, they have been put over a spread of years."
"Q. Well, how do you do that?"
"A. Well, every year, there is a new jury list, and we put on
ten or twelve every jury list. In fact, along seven or eight years
ago, it was pretty hard to see whether -- the status changed so
rapidly, it was pretty hard to know whether they would be qualified
or not."
"Q. Would I be correct, then, in saying that you omitted
approximately 210 eligible women's names when you compiled this
list?"
"A. I wouldn't say they were eligible because we didn't check
them. We don't check every name on the registration books."
"Q. I'm talking about this registration book in the Clerk of the
Circuit Court's office, Mr. Lockhart, where the women are required
to come there and register for jury duty?"
"A. You can say it's 220 names on that book. There is."
"Q. All right. If there are 220 eligible women on that book --
"
"A. I don't know if they are eligible or not."
"Q. What I want to know, then, is why you picked just ten out of
that 220 to go into this jury list?"
"A. Well, we picked -- we have average, for the last four years,
ten to twelve on each list."
"
* * * *"
"Q. Mr. Lockhart, in making up this list, jury list, from which
the present panel was drawn, did you attempt to comply with Florida
Statute, Section 40.01, sub-section (1), in making up that
list?"
"A. Would you mind reading it to me?"
"Q. Well, that's the Statute, Mr. Lockhart, governing the
qualifications for jurors, and I will read it, if you like. [§
40.01 read.] Now, what I am asking, Mr. Lockhart, is, did you
purport to comply with that statute when you prepared this jury
list?"
"A. Yes, sir."
"Q. All right. Did you put in this list on March 8, 1957, any
women or female's names who were registered voters but who had not
registered with the Clerk of the Circuit Court?"
"A. If it was there, we didn't intend to. We checked the
registration. The law requires that to be on registration."
"Q. In other words, you would say that you did not?"
"A. Yes. That's right. I doubt what, with that small number of
names. They were checked with the registration office."
THE CHIEF JUSTICE, MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS,
concurring.
We cannot say from this record that Florida is not making a good
faith effort to have women perform jury duty without discrimination
on the ground of sex. Hence, we concur in the result, for the
reasons set forth in Part II of the Court's opinion.