Does a prosecutor's exercise of a racially motivated peremptory strike in an individual case violate the state constitutional right to a fair and impartial jury?

People v. Wheeler (1978) 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748, we held that a prosecutor's exercise of a racially motivated peremptory strike in an individual case violates the state constitutional right to be tried by a fair and impartial jury, declining to follow the contrary federal constitutional rule set forth in Swain v. Alabama (1965) 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759. And in In re Marriage Cases (2008) 43 Cal.4th 757, 76 Cal.Rptr.3d 683, 183 P.3d 384, we held that laws denying same-sex couples the right to marry violate equal protection under the state constitution, even though the only high court authority on point at the time, Baker v. Nelson (1972) 409 U.S. 810, 93 S.Ct. 37, 34 L.Ed.2d 65, had dismissed a similar appeal for want of a substantial federal question.

[4 Cal.5th 704]