Planned Parenthood sues S.C. over new 'Choose Life' license plates
By The Associated Press
09.05.01
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CHARLESTON, S.C. — Planned Parenthood of South Carolina asked a federal judge yesterday to block the state from issuing "Choose Life" license plates, saying the new tags are unconstitutional.
Attorney Peter Murphy, who filed the lawsuit, said it's a violation of free speech for the state to provide a forum for one political view without providing a chance to express opposing views.
"The fact that only one choice is being provided by the state is exactly what's wrong," Murphy said.
Attorney General Charlie Condon vowed to fight the suit all the way to the U.S. Supreme Court, if necessary.
"Just as the federal government can constitutionally place the message 'In God We Trust' on its currency, the state of South Carolina can place the message 'Choose Life' on its license plates," Condon said. "This is a matter for the Legislature, not the courts."
"Choose Life" license plates have been challenged in the courts in Florida and Louisiana.
Gov. Jim Hodges signed a law on Sept. 2 allowing the state to issue the "Choose Life" plates as well as several other new specialty plates.
Planned Parenthood attempted to get lawmakers to also offer plates saying something like "Choose Choice" but they did not do so.
Murphy says it makes no difference that the specialty plates are issued only to motorists who want them.
"Chief among the principles upon which our country was founded is the freedom of political speech," said Chris Jueschke, chief executive officer of Planned Parenthood of South Carolina.
But Condon called Planned Parenthood "out of the mainstream" and added that "a message upholding life is uplifting to all people."
The lawsuit is "outrageous," agreed Lt. Gov. Bob Peeler, a strong supporter of the tags. "Sending a message that life is something that should be valued and celebrated is something I thought everyone else would agree with."
Peeler called on Hodges, a Democrat, "to join the attorney general and me to aggressively fight this lawsuit." Condon and Peeler, both Republicans, are running for governor.
The fee for the South Carolina "Choose Life" plate is $70 every two years along with the regular state motor vehicle registration fee. The extra money is to support private, nonprofit crisis pregnancy programs but may not go to any agency or organization that "provides, promotes or refers for abortion," the lawsuit says.
Another plaintiff is Charleston resident Renee Carter who "would like to purchase a special license plate expressing her pro-choice views, but is unable to do so" in violation of the First and 14th Amendments, the suit says.
The suit names as defendants Boykin Rose, director of the Public Safety Department, which issues the plates; Gary Maynard, director of the Corrections Department, which makes the plates; and Elizabeth Patterson, director of the Department of Social Services which is to distribute the additional money raised.
Update
S.C. 'Choose Life' license plates put on hold
Federal judge grants preliminary injunction sought by Planned Parenthood.
11.20.01
Related
Attorneys for state seek green light for 'Choose Life' plates
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Virginia appeals order to issue Confederate license plates
State attorney general says ruling would make tags ‘billboards for private groups of every stripe, giving the General Assembly little … control over what may appear on [them].’
02.21.01
Court applies brakes to Florida's 'Choose Life' plates
Judge agrees to decide whether message amounts to political statement after National Organization for Women files suit.
02.10.00
