- Yesterday, a Florida District Court Judge ruled that the State could continue to distribute money raised from the sale of Florida’s "Choose Life" license plates to anti-abortion organizations. The Center for Reproductive Rights filed a case against the State charging that the license plate statute violates the free speech rights of pro-choice organizations and motorists, and the guarantee of separation of church and state. The Center for Reproductive Rights plans to appeal the decision to the U.S. Court of Appeals for the Eleventh Circuit later this week in order to halt distribution of more than a half million dollars scheduled for disbursement on July 22.
"This decision ignores the free speech right’s of Florida’s pro-choice citizens," said Brigitte Amiri, the Center for Reproductive Rights attorney who represents the plaintiffs. "These plates are a form of government sponsored, anti-choice propaganda," added Amiri.
Florida’s government has raised more than a million dollars for anti-choice groups, while denying pro-choice motorists the right to express their views on a government sponsored specialty license plate. Legislation for a pro-choice plate was proposed in the Florida legislature at the same time as the "Choose Life" plates but was defeated, a fact overlooked by Judge K. Michael Moore in his decision.
Under the guidelines of the Florida law, passed in 1999, money collected from purchase of the "Choose Life" plates prohibits the distribution of funds to any agency "that is involved or associated with abortion activities, including counseling for or referrals to abortion clinics, providing medical abortion-related procedures, or proabortion advertising." Only organizations that withhold neutral information about abortion are eligible for funds. This type of viewpoint discrimination is in violation of the First Amendment's guarantee of free speech.
In addition, although under the law Florida counties are responsible for the distribution of the funds, some counties have delegated this responsibility to Catholic Charities, a Roman Catholic organization. By doing so, the Florida government demonstrates a preference for one religion over all others in violation of the Establishment Clause.
Plaintiffs in Women's Emergency Network v. Jeb Bush include one nonprofit organization and two individual taxpayers. Brigitte Amiri, Hillary Schwab and Priscilla J. Smith of the Center for Reproductive Rights represent the plaintiffs along with local counsel Louis M. Silber of Silber & Valente.
See In the Courts for more information.
