thought they were going to be just at the 60% mark and we re even over that now, so i think that the country is ready for this to happen and the projections are needed for same-sex couples. back to the legal aspect of it, again, the heart of this is whether a voter or voters should decide someone else s rights. that s exactly right. and the supreme court looks at this in a series of cases that date back over 60 years, starting with the internment of japanese during world war ii. and it looks at these laws that target a minority group, and there are briefs like the justice department s briefs arguing that people who are identified as gay or lesbian are targeted as a minority group in this country and should be protected based on that status. and when a law unfairly targets a minority group, the court usually applies the strict
anyway. there s plenty of alternatives. also coming on monday, the court s going to announce its decision on the affordable care act requirement, that the employer health plans provide contraception coverage. i just feel this case has got your liberal extremists, everyone is jumping on the bandwagon because it s about contraception. it is really not. first of all, hobby lobby is suing under the religious freedom restoration act. alex, this act has been around for over 20 years. they apply a strict scrutiny test. this is not some sliding scale slope where everybody s going to claim a religious exemption to, in fact, discriminate. no. this case, they don t want to provide, hobby lobby doesn t want to provide 4 out of 20 available methods of contraception. the things that they are opposed to are things like iuds
to all states, it triggers what s called the strict scrutiny test, which requires states and cities to show what s called a compelling interest. it s a very high standard, it s the same standard that applies to free speech. and you know how hard it is to restrict free speech in many direct conflicts. so a lot of these laws are going to go down under that standard. but alito in his opinion goes out of his way to his credit to say, look, not all laws are going to be unconstitutional. we recognize laws dealing with the mentally ill and for schools and those types of restrictions are likely to be preserved. the problem is they really don t give much in terms of a standard for lower courts. i speak to judges around the country all the time, and this is the type of opinion that sends them into orbit. it is a time of thing that says you guys figure it out. and there s one case we ll be watching in the ninth circuit. and in front of the court of appeals and could be in front of the supreme cou