ACLU Files "Choose Life" Lawsuit

Special Report - September 9, 2011

On September 8, the American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) filed a lawsuit arguing that the General Assembly violated the First Amendment when it authorized a “Choose Life” license plate without also authorizing a plate supporting abortion. The ACLU-NCLF also asked the court to issue a preliminary injunction to prevent the issuance of any “Choose Life” plates until the case is decided. The lawsuit hinges on the defeat of several amendments to HB 289—Authorize Various Special Plates that would have added to the plates available for optional purchase by North Carolina motorists a plate stating either, “Trust Women. Respect Choice,” or “Respect Choice.” All six amendments to introduce a pro-abortion plate were defeated by the legislature.

In a press release, the ACLU-NCLF states that the ACLU of North Carolina and four North Carolina residents are asking the federal district court for the Eastern District of North Carolina “to order the State to cease developing and issuing the ‘Choose Life’ license plate without authorizing a countervailing pro-choice plate.” They go on to ask that even if the Court does not require the General Assembly to issue a pro-abortion plate, it should eliminate the “Choose Life” plate. Katherine Lewis Parker, Legal Director of the ACLU-NCLF, who is representing those bringing the lawsuit, argues in the filing that pro-abortion North Carolinians’ First and Fourteenth Amendment rights are violated by allowing only a “Choose Life” plate. The ACLU argues that pro-abortion North Carolinians “have suffered discriminatory treatment as a result of the State’s use of the license plate forum to promote one political viewpoint (anti-choice) in the debate about abortion.”

“North Carolinians fought for nearly a decade to just get the General Assembly to take a vote on whether to offer pro-life citizens the opportunity to support life with their license plates,” said Bill Brooks, president of the North Carolina Family Policy Council. “Pro-abortion advocates did their best during floor debate to convince legislators to approve an anti-life message for license plates, and lost that legislative battle. Some felt their effort was not serious as they had never before expressed an interest in having a license plate and that the amendments served only to set the stage for a future lawsuit—just as it has happened.”

Related resources:
"Choose Life" NC Plates Available - July 28, 2011
Pro-Family Bills Become Law - July 1, 2011
Standing for Life as Session Ends - June 18, 2011
Choose Life Plates to Get House Vote - June 3, 2011
"Choose Life" Bill Introduced- February 17, 2011
Choose Life Month - January 10, 2011
Choose Life NC License Plates - Interview - January 29, 2011 Download (mp3)(wma)
Choose Life Not Chosen Again - June 18, 2010
Choose Life Lawsuit Possible - May 27, 2010
Choose Life Plate Gets Billboard Boost - October 20, 2009
Unequal Treatment - FNC - July/August 2009

Copyright © 2012. North Carolina Family Policy Council. All rights reserved.

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