The American Civil Liberties Union said it was troubled by a Sixth Circuit Court of Appeals decision today allowing an anti-abortion specialty license plate in Tennessee. In promoting an anti-choice plate, while opposing a pro-choice one, "the state has set up a discriminatory scheme," the ACLU said.
“We are disappointed that the court said that Tennessee can use state dollars to promote one viewpoint while silencing another,” said Julie Sternberg, senior staff attorney with the ACLU Reproductive Freedom Project. “The decision permits discrimination and fails to protect free speech.”
However, Rep. Glen Casada praised the ruling.
The law in question makes a “Choose Life” license plate available to motorists for an annual fee of $35 over and above the basic costs of registering a car in the state. Fifty percent of all funds raised, after expenses, will go to a private anti-choice organization called New Life Resources. The legislature twice rejected an amendment that would have authorized a “Pro Choice” specialty plate, the ACLU said.
On Sept. 24, 2004, a federal district court blocked the state from distributing “Choose Life” plates, saying that the state’s sponsorship of such plates constitutes discrimination. The case was appealed to the Sixth Circuit which issued today’s ruling.
“The court said in its decision that messages on specialty license plates are government speech,” said Hedy Weinberg, Executive Director of the ACLU of Tennessee. “This position is inconsistent with the reality of the license plate program. It suggests that plates for the Sons of Confederate Veterans and the University of Florida are state speech. This is absurd.”
The ACLU said it would consider potential next steps in the case over the coming weeks.
Plaintiffs in the case include the ACLU of Tennessee, Planned Parenthood of Middle and East Tennessee, Inc., and three individuals. Lawyers on the case include Sternberg and Carrie Flaxman with the ACLU Reproductive Freedom Project; Roger Evans of Planned Parenthood Federation of America; and Susan L. Kay, the ACLU of Tennessee Legal Committee Chair.
Rep. Casada (R-College Grove) said the state’s specialty license program allows over 100 charities, educational institutions, veterans' groups and others to raise money for their cause from voluntary purchase of the plates.
“This is a victory for the First Amendment and the doctrine of separation of powers but most of all a victory for the unborn,” said Rep. Casada. “The public square should be a place where all ideas are welcomed, not just those approved by the ACLU.”
Many organizations that lobby the legislature or get involved with public policy issues have long had specialty plates, he said. The proceeds of the plate will go to New Life Resources, an agency that provides help to pregnant women through pregnancy resource centers across the state. Rep. Casada was the sponsor of the license plate bill that passed the General Assembly and became law in 2003.
“Voluntary purchase of this license plate will allow a private agency to help those in need who might not be able to rely on TennCare or other government services,” said Rep. Casada. “We should always try to find innovative ways for non-profit and private organizations to help those who are less fortunate.”
He said, "Criticism of school prayer and the 'Choose Life' license plate coupled with support of flag burners, partial-birth abortion and the right of adults to view child pornography have led many to believe the ACLU has a liberal agenda. Originally a defender of civil liberties, the organization has gradually become associated with a variety of leftist causes."
Rep. Casada serves the 63rd legislative district in the Tennessee House of Representatives, which is located in Williamson County. He is a member of the House Children and Family and Consumer and Employee Affairs Committees.
Today’s case is ACLU of Tennessee v. Bredesen, #03-1046.
Today’s case is available online at: