Posted on 04/18/2008 9:48:30 AM PDT by Abathar
INDIANAPOLIS -- A judge has upheld the issuance of Indiana license plates bearing the message "In God We Trust," dismissing a constitutional challenge by the American Civil Liberties Union of Indiana.
Marion Superior Court Judge Gary L. Miller wrote in a 13-page opinion that the plates were comparable to standard plates issued by the Bureau of Motor Vehicles and were created specifically as such by the Legislature.
"Courts are not to second-guess the Indiana General Assembly when it comes to calculations of this sort," Miller wrote, contrasting the In God We Trust plates with other specialty plates that require the payment of administrative fees.
Miller said the issuance of the plates did not violate the section of the Indiana Constitution that forbids the Legislature from granting special privileges or immunities not available to all citizens.
The ruling, issued April 10, denies a motion for summary judgment in the suit by the ACLU on behalf of Mark E. Studler, an Allen County resident who has an Environmental Trust plate for which he had to pay extra fees.
Ken Falk, legal director of the ACLU of Indiana, said Thursday the ruling would be appealed to the Indiana Court of Appeals.
"We're obviously disappointed," Falk said. "It's our position still that the differential treatment afforded between the environmental plate and the `In God We Trust' plate ... is unconstitutional, that the Legislature doesn't have the power to say the In God We Trust plate is free whereas the environmental plate carries an administrative fee.
"We're disappointed but we will continue to maintain our legal argument," Falk said.
The ACLU must file a notice of appeal within 30 days of the court's ruling.
The lawsuit claimed the BMV gave preferential treatment to motorists wanting the plates, which also feature the U.S. flag, because they don't have to pay the $15 administrative fee that the agency collects on sales of most other Indiana specialty plates.
The 2006 legislation creating the plates specified the state could charge no more for the "In God We Trust" plates than for the standard plates.
BMV Commissioner Ron Stiver said Thursday more than 1.6 million people have selected the "In God We Trust" plate since it became available in January 2007 as one of more than 75 options for motorists.
"The BMV will continue its policy to offer all plate designs without promoting any one license plate design over another and will continue to offer the IGWT plate design at no additional charge, as outlined by the Indiana General Assembly," Stiver said.
Memorable way to start a weekend!
This goes to show how sick the freaks in the ACLU are, to get all up in arms over this. Not to mention waste of time and resources.
I’m sure these little brats are quite proud of themselves.
Not what he intended I'm sure, but he basically admits that environmentalism, in it's current form, is akin to a religious belief.
I’m sure the ACLU would have no problem with a reference to “Ramadan” or the “Koran” on a plate.
Judicial restraint and proper understanding of the division of powers? Wow, that's even more important than the actual substance of the ruling itself!
Actually, they are proud of themselves. I believe they get payed, win or loose. Their funds need to be cut off if they loose a case. Can’t remember where I heard it but I believe the government pays them, win or loose.
That is exactly what I got from it myself. I also wanted to note that part of the $15 fee for those plates goes towards environmental causes in the state.
I wonder how loud they would scream if the state did decide to charge a $15 fee just like that and then donate the same amount to religious causes?
TO THE END, that justice be established, public order maintained,
and liberty perpetuated; WE, the People of the State of Indiana,
grateful to
bttt
I’ve got a “In God We Trust” on my pick up.. this year I’ll get one for the car! The ACLU can kiss my A55!
The “In God We Trust” license appears to be one of the most popular tags here in NWI.
I’ve heard it many times on various talk shows, and with no dispute either. Must be true
That's not the issue. The issue is that this specialty plate is being given preferential treatment because it is religious in nature, in that no specialty plate fee is charged. I think the plaintiff is right, it is preferring people of a religion which is against their constitution. OTOH, of all the nit-picking, BS little things to start a lawsuit over...
IN context of the Indiana Preamble posted in 9, clearly they didn’t mean that recognition of God was preferring a particular religion, or their constituion itself would be in violation.
The problem is that when all this is over, even if the ACLU loses, they will have cost the taxpayers a lot of cash, that hey have no obligation to refund.
They collect legal fees if they win, but are under no obligation to reimburse the taxpayers when they lose. That is why they frequently pick on small towns who don't have the funds to fight them (Hazelton, PA, Dover, PA, etc..)
Everybody knows what religion they're referring to, but that's still not the issue. Religious people don't have to pay the fee for their custom plate, but non-religious people have to pay for the others.
Mr. Falk has now lost two huge cases in the last year (the other one complained about the State Legislature opening each session with prayer), meaning that he may actually have to get a job to support himself.
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