Equal Protection Clause because the amendment was motivated by a bare desire to harm a politically unpopular group, which is never a legitimate governmental interest. In Lawrence v. Texas, 539 U.S. 558 (2003), the U.S. Supreme Court struck down anti-sodomy laws as unconstitutional, explicitly overturning its earlier Bowers v. Hardwick, 478 U.S. 186 (1986) decision, but did not specify the level of scrutiny it applied. In Lofton v. Secretary of the Department of Children & Family Services, 358 F.3d 804 (11th Cir. 2004), the United States Court of Appeals for the Eleventh Circuit explicitly held that Lawrence did not apply strict scrutiny. However, in 2008, the California Supreme Court adopted the strict scrutiny standard for state laws that discriminate on the basis of sexual orientation in the case In re Marriage Cases. On October 18, 2012, the Second Circuit Court of Appeals became the first federal appeals court, in Windsor v. United States, to hold that laws that classify people based on sexual orientation should be subject to intermediate scrutiny. The decision of the Second Circuit was later affirmed by the Supreme Court on June 26, 2013, but the United States Supreme Court did not specifically state the level of scrutiny it applied. On January 21, 2014, the Ninth Circuit Court of Appeals ruled in SmithKline Beecham Corp. v. Abbott Laboratories that "classifications based on sexual orientation are subject to heightened scrutiny", making it the second appellate court to do so. Free speech There are two types of laws affecting "free speech" among United States citizens: content-based and content-neutral. In the free speech context, intermediate scrutiny is the test or standard of review that courts apply when analyzing content-neutral speech versus content-based speech. Content-based speech is reviewed under strict scrutiny in which courts evaluate the value of the subject matter or the content of the communication. Content-neutral laws are evaluated by the nature and scope of the speech regarding the time, place and manner of communication. Content-neutral speech is reviewed under intermediate scrutiny versus strict scrutiny because this speech is only restricted by the way in which the information is communicated; not the information itself. In 1968, United States v. O'Brien established a four-factor test to determine whether restricting content-neutral speech is constitutional: (1) Is restriction within the constitutional power of government? (2) Does restriction further important or substantial governmental interest? (3) Is the governmental interest unrelated to the suppression