in … (Frankfurter, J., dissenting). IV We are also persuaded that the fair cross-section requirement is violated bythe systematic exclusion of women, who, … entails the judgment that women are sufficiently numerous and distinct from men, and that, if they are systematically eliminatedfrom jury panels, … requirement cannot be satisfied. This very matterwas … supra. Positing the fair cross-section rule -- theresaid to be … that the systematic exclusion of women wasacceptable.The … women are the same as those which influence the action of men -- personality, background, economic status -- and not sex. Yet it is not enough to say that women when sitting as jurors neither act nor tend to act as a class. Men likewise do not act as a class.But, … on the other footwho would claim that a jury was truly representative of the community if all men were intentionally and systematically excluded from the panel? The truth is that the two sexes are notfungible; … one on the other is Page 419 U. S. 532 among the imponderables. To insulate the courtroom from either may not, in agiven … V There remains the argument that women as a class serve a distinctive role in society and that jury service would so substantially interfere with that function that the State has ample justification for excluding women from service unless they volunteer, even though the result is that almost all jurors are men. It is true that Hoyt v. Florida, (1961), held that such a system did not deny due process of law orequal protection … 419 U. S. 534of the laws … Sixth Amendment right to a jury drawn from a fair cross-section of the community and the prospect of depriving him of that rightif women … excluded. The right to a proper jurycannotbe … individuals in case of special hardship or incapacity and to those engaged in particular occupations the uninterrupted performance of which is critical to the community's welfare. Rawlins v. Georgia (1906). It would not appear that such exemptions would pose substantial threats that the remaining pool of jurors would notbe representative of the community. … service or that society cannot Page 419 U. S. 535 spare any women from their present duties. This may be the case with many, and it may be burdensome to sort out those who should be
