shira
Diamond Member
- Jan 12, 2005
- 9,500
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Originally posted by: ayabe
This will get struck down in court.
Fundies need to find a new hobby.
I agree. Forcing a woman to reveal this information could be justified only if there were some "compelling government interest:"
To pass strict scrutiny, the law or policy must satisfy three prongs:
First, it must be justified by a compelling governmental interest. While the Courts have never brightly defined how to determine if an interest is compelling, the concept generally refers to something necessary or crucial, as opposed to something merely preferred. Examples include national security, preserving the lives of multiple individuals, and not violating explicit constitutional protections.
Fewer abortions isn't "necessary or crucial", and Oklahoma will never be able to overcome this hurdle.