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[WOMEN'S REPRODUCTIVE RIGHTS]
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"Choose Life" License Plates

An Infringement on First Amendment Rights

July 2006, Item: F058

Thirteen states allow the production of "Choose Life" license plates, which channel funds to non-profit, anti-abortion organizations, including so-called "crisis pregnancy centers."

Fifteen states have "Choose Life" license plates laws on the books, but in South Carolina and Tennessee, the laws have been permanently blocked from enforcement by court order.

In the 2006 legislative session, the Center tracked license plate bills in three new states—Georgia, New Jersey, and West Virginia. The Georgia bill was signed by the governor and is set to become effective on January 1, 2007. New Jersey’s bill is still pending passage. West Virginia’s bill failed.

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." CPC’s are agencies that promise comprehensive medical advice and pregnancy 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.

Thirteen States "Choose Life" over the Constitution
Alabama, Arkansas, Connecticut, Florida, Hawaii, Kentucky, Louisiana, Maryland, Ohio, Oklahoma, Maryland, Mississippi, Montana, Ohio, Oklahoma, South Carolina, South Dakota and Tennessee have passed laws that sanction the sale of "Choose Life" license plates. The Center for Reproductive Rights has pursued federal litigation in Florida, Oklahoma, and Louisiana.

An Attack on the First Amendment
"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.

See also the Center in the courts.