Rejection of ‘Choose Life’ license plate stands

By Tom Strode - Jan 31, 2005

The Supreme Court permitted a lower court ruling against South Carolina’s pro-life license plate to remain in effect Jan. 24, thereby allowing conflicting opinions at the appellate level.

The high court declined to review a decision last year by the Fourth Circuit Court of Appeals that a state-approved license plate with the words “Choose Life” on it violates the First Amendment when an abortion rights message is not permitted in the same forum. In a 2002 ruling, however, the Fifth Circuit Court found abortion rights advocates did not have standing to challenge Louisiana’s “Choose Life” plate.

As a result of the Supreme Court’s action, different rulings on the pro-life license plates apply in different circuits. The Fourth Circuit consists of the states of Maryland, Virginia, West Virginia, North Carolina and South Carolina. The Fifth Circuit is made up of Mississippi, Louisiana and Texas.

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