August 2002, Item: F058
Six states, backed by politicians and legislators, are selling "Choose Life" license plates and using the proceeds to help fund the distribution of biased medical and anti-choice information.
What are "Choose Life" License Plates?
"Choose Life" license plates are specialty plates that bear an anti-abortion message. Motorists who purchase the plates pay a fee above the cost of a standard license plate. The revenue generated from the sale is then funneled to non-profit, anti-abortion organizations, including so called "crisis pregnancy centers" that often promise comprehensive medical advice and services but deliver anti-abortion propaganda. Any organization that mentions abortion as a neutral option – including counseling, referrals or advertising – is prohibited from receiving any of the funds.
"Choose Life" license plates infringe upon First Amendment rights in three ways:
Violation #1: Discrimination Against Pro-Choice Organizations
Organizations that counsel women about all their options during pregnancy, including abortion, are discriminated against because they are prevented from receiving "Choose Life" license plate funds solely because of their views on abortion.
Violation #2: Muzzling Pro-Choice Citizens’ Freedom of Speech
Efforts to create "Pro-Choice" license plates have been rejected by many state governments. As a result, pro-choice motorists are denied the opportunity to express their views on a government-issued, specialty license plate, while anti-choice groups are granted the right to spread propaganda that not only supports their political opinions, it’s explicitly sanctioned by the government.
Violation #3: Crossing the Line Between Church and State
Some of the states that have adopted "Choose Life" license plate schemes enable religious organizations, such as Catholic Charities, to decide which non-profit organizations should receive funds generated by the sale of the plates. This is a clear violation of the constitutional directive separating church from state, which mandates that government entities avoid entanglement in religious matters.
As of July, fifteen states considered legislation in their 2002 sessions that would create anti-choice license plates. Two of those states - Mississippi and Oklahoma – have already signed laws allowing the sale and distribution of "Choose Life" plates. The Center for Reproductive Rights is actively monitoring the situation in six state legislatures, and pursuing litigation in two states, where the anti-choice movement is advancing the license plate scheme:
Alabama: On October 23, 2001, the Alabama Pro-Life Coalition Education Fund received approval from the Legislature’s License Plate Oversight Committee for an official Alabama "Choose Life" license plate. Though the license plates are not yet in circulation, the state has vowed to print the plates once 1,000 motorists each pay $50 in advance.
Florida: Florida is currently selling and distributing "Choose Life" license plates. Sale of the license plates has raised over $1,000,000. This money is being distributed to non-profit organizations that provide adoption services but also distribute biased, anti-abortion information. Although Florida counties are responsible for distributing the funds to organizations, some have delegated this task to religious organizations such as Catholic Charities, a Roman Catholic organization. The Center currently has an appeal pending in the Court of Appeals for the Eleventh Circuit. 1
Louisiana: In Louisiana, the "Choose Life Council," which is comprised of three Christian fundamentalist organizations, is responsible for distributing the revenue generated from the sale of the specialty license plates. 2 As in Florida, this governmental entanglement with religion violates the Constitution by mixing church with state. In August 2000, a challenge brought by the Center for Reproductive Rights resulted in an order blocking the distribution of the Louisiana plates by a federal district court. 3 That decision, however, was overturned in March 2002 by a three-judge panel of the Fifth Circuit Court of Appeals. 4 In April 2002, the Center for Reproductive Rights asked all 15 judges of the Fifth Circuit to rehear the case. The circuit court dismissed the case, and the Center has requested a stay pending its petition to the United States Supreme Court.
Mississippi: In July 2002, a law went into effect that allows the manufacture and sale of "Choose Life" license plates for an extra fee of $30. 5 Governor Ronnie Musgrove signed the bill into law in April 2002, but the state will not begin manufacturing the plates until 200 pre-tags are sold.
Oklahoma: In April 2002, Governor Frank Keating signed into law a bill that authorizes a "Choose Life" license plate. 6 The money will be distributed to non-profit organizations that provide services to women seeking to place their children for adoption. Organizations that discuss abortion in a non-biased manner will be prohibited from receiving the funds. The law goes into effect November 1, 2002.
South Carolina: In November 2001, the Planned Parenthood Federation of America obtained a preliminary injunction to temporarily block the distribution of the license plates because there is no equivalent "pro-choice" license plate available for sale.7 A hearing date to determine the status of the block was still pending as of August 2002.
Endnotes
1. Florida Nat’l Organization of Women v. Florida, No. 00-1953 (Fla. Ct. App).
2. La. Rev. Stat. § 463.61(E)(1).
3. Henderson v. Stalder, 112 F. Supp. 2d 589 (E.D. La. 2000).
4. Henderson v. Stalder, 287 F.3d 374 (5th Cir. 2002).
5. Miss. Senate Bill 2501 (2002)
6. Okla. Stat. Ann. tit. 47 §1136 (83) (2002).
7. Planned Parenthood of Southern Carolina v. Rose, No. 2:01-357123 (D.S.C. Nov. 20, 2001).
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