Court permits pro-life plates in two states

By Tom Strode - Jul 14, 2006 -

The Supreme Court declined June 26 to accept challenges to Louisiana and Tennessee’s approval of pro-life license plates, meaning such auto tags will be permitted in those states.

By refusing to review lower court decisions, the high court allowed to stand rulings in the Fifth and Sixth Circuit Courts of Appeals upholding the legality of license plates bearing the message “Choose Life” in Louisiana and Tennessee, respectively. The Tennessee pro-life plates are expected to be available this fall. Louisiana resumed sale of “Choose Life” tags in January after a favorable appeals court action.

The Supreme Court’s refusal to hear the cases means there are conflicting opinions at the circuit court level. While the Fifth and Sixth circuits have ruled in favor of pro-life plates, the Fourth Circuit has ruled against them. In 2005, the Supreme Court declined to review a Fourth Circuit opinion that South Carolina’s “Choose Life” tags violate the First Amendment by not permitting an abortion rights message in the same forum.

In each case, a federal judge ruled against the pro-life plates, but an appeals court panel overturned the ruling.

The Fifth Circuit includes Mississippi and Texas, in addition to Louisiana. The Sixth Circuit consists not only of Tennessee but Kentucky, Ohio and Michigan. In addition to South Carolina, the Fourth Circuit includes Maryland, Virginia, West Virginia and North Carolina.

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