Judge Says New York's Refusal to Issue 'Choose Life' License Plates Violates First Amendment
A federal judge in Syracuse has found the state of New York violated the First Amendment when it rejected a nonprofit group’s request to sponsor “Choose Life” license plates.
Senior U.S. District Judge Neal McCurn ruled in favor of the Children First Foundation, a group that supports adoption as an alternative for women with unwanted pregnancies and newborns. McCurn stayed the order pending a possible appeal. The Associated Press and the Syracuse Post-Standard have stories.
The state Department of Motor Vehicles had turned down the application by Children First because of fears a decision to grant the request for the plate would be viewed as the state taking sides in the abortion controversy.
According to McCurn’s order (PDF), appeals courts have differed on the First Amendment issue. The Chicago-based 7th U.S. Circuit Court of Appeals found that Illinois’ denial of a Choose Life plate was a reasonable content-based restriction, while other appeals courts have found First Amendment violations.
The Alliance Defense Fund represented the group, according to a press release. ADF lawyer Jeffrey Shafer told AP that 28 other states offer Choose Life plates and the Illinois case was “kind of an odd turn, an anomalous result.”
Prior coverage:
ABAJournal.com: “ ‘Choose Life’ License Plates Are Next First Amendment Battleground”
