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That way. it's always been put to strict scrutiny. >> no it's not. the reason why we have a religious freedom restoration act at the national level, is because the supreme court eviscerated that balancing test. that's why we needed it and that's why we had a broad consensus from the far left to the far right to say we need to respect religious conviction in this country. >> no the reason we have the federal law from 1993 is because of what we saw in supreme court precedent required by the court, for a law to be passed to protect discreet religious minority practices. like the use of peyote rit...

To know, senator, that will be the debate you're having next if you pass this bill. why not get ahead of it? you have a republican member of your legislature propose an amendment to the bill that wouldn't allow it to be used to discriminate against classes. wouldn't allow the use to be a defense, you said no, it would change the purpose of this bill. what does that mean? >> so the amendment that was offered which is contained in no state religious freedom act around the country, the other 20 states don't have this language, it was poorly drafted. it said if a local government drafted a law, it...

>> yes, some civil rights commitments have been deemed by this nation to be so deeply held that they shouldn't be up for a case determination by a particular judge. so in this instance, subjecting the civil rights of gay and lesbian individuals and gay and lesbian couples to the whims of a particular judge under the very murky area of a balancing test is not what is needed. what is needed is a more categorical test for protection of gays and lesbians. what's particularly striking, governor pence said he was for religious liberty and against discrimination, as if those two things were mutually ...

Particular judge. so in this instance subjecting the civil rights of gay and lesbian individuals and gay and lesbian couples to the whims of a particular judge under the very murky area of a balancing test is not what is needed. it's a more categorical protection for gays and lesbians. what's particularly striking governor pence said he was for religious liberty and against discrimination as if those two things were mutually exclusive. religious liberty claims are use often used to oppose in sad history of civil rights. >> molly, you might argue these are separate issues but some feel it's clo...

Here's what he said in an interview with shawn hannity. >> i stand by this law. the law doesn't need to be fixed, we need to fix the perception. this law does not give anyone a license to discriminate. it's simply a balancing test that's used in our kourts it's been used in the federal courts for more than 20 years. what we're contemplating today was that the legislature would send me a bill that simply makes it clear what was always -- is always the truth about this bill that makes it clear that this law does not give businesses the right to deny services to anyone. >> rosa the governor wants...