'Choose Life' plates ruled unconstitutional

AP ^ | 9/25/4 | Colin Fly

[SmithL]

NASHVILLE - A federal judge ruled Friday that the state's "Choose Life" license plate is unconstitutional based on the reasoning in similar cases in other states, but he declined to rule on whether Tennessee's entire specialty plate program is flawed.

"The result in this case would be the same if the statute authorized a 'Pro-Choice' license plate instead of the 'Choose Life' license plate," U.S. District Judge Todd Campbell wrote in his decision. "Either way, it is unconstitutional."

The American Civil Liberties Union and Planned Parenthood challenged the plate in November, arguing that the state was granting one group an official forum but not providing an equal opportunity for opposing viewpoints.

A portion of the extra $35 generated from sales of the plate was to go to Tennessee New Life Resources, an anti-abortion group closely tied to Tennessee Right to Life.

ACLU attorney George Barrett said he felt his side had a narrow advantage in the case.

"We're all very pleased," he said. "It was a very well-reasoned and thought-out opinion that vindicated the Constitution."

Sharon Curtis-Flair, spokeswoman for the state attorney general, declined to comment about the opinion or the possibility of an appeal because the AG's office had not yet seen the ruling.

Brian Harris, president of Tennessee Right to Life, said they weren't surprised because they felt the issue would need to be appealed to the 6th U.S. Circuit Court of Appeals.

"I think that it's a great irony to claim to protect free speech by eliminating it," he said. "That's exactly what has occurred in this case."

The state and Tennessee New Life Resources had argued that those who wanted a license plate in favor of abortion rights haven't tried hard enough to get a specialty plate passed by the General Assembly.

Meanwhile, anti-abortion groups sold 1,265 plates in six months in all of the state's 95 counties, but the plates have not been issued.

[cyborg]

For Bush bumperstickers or pro-life stickers? I can't imagine people vandalising a car for pro-life stickers.

[MHGinTN]

A pro-life front tag and a bumper sticker attached to a card I often display in a truck window that implores from a baby seal "Save The Baby Humans, Stop Abortion". I cannot recall ever placing a political sticker on anything I've driven.

[mudblood]

Totally BS. I was in my DMV today, in Virginia, and guess what I saw? An "Animal Friendly" license plate. This is a plate in support of the animal rights ideology. "Choose Life" is a plate in support of the anti-abortion ideology. You don't even have to be religious to hate abortion, if you consider it murder. Even atheists are (or should be) against murder. Clearly the animal rights folks think eating animals is murder, and they get a plate. Total BS.