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October 6, 2005

"Choose Life" Plate Victory in Ohio

The Ohio Legislature approved a "Choose Life" specialty plate, with part of the funds that consumers pay for the plate going towards groups that counsel pregnant women about adoption. The funds are barred from going to any group that provides, promotes, or refers women for abortion.

Predictably, a court challenge was made in an effort to block the plate by NARAL Pro-Choice America because there isn't a matching "Pro-Choice" plate. Surprisingly, a federal judge threw out the suit:

In his 15-page order, Judge Donald Nugent's dismissed the suit, ruling that federal law prohibits federal courts from interfering with the collection of state taxes -- in this case, revenue generated by sales of the plates. He did not rule on the merits of the First Amendment issues arising from the case.

This is relevant to this blog because a similar suit has been filed to stop the sale of "Choose Life" plates in Tennessee, for exactly the same reason (no "Pro-Choice" plate). The case is to go to a federal appeals court in November. And the appeals court is in . . . ready? . . . Cincinnati:
The judges of the 6th U.S. Circuit Court of Appeals, based in Cincinnati, could go beyond the argument of whether the anti-abortion plate unconstitutionally restricts dissenting views and strike down Tennessee's entire specialty license plate program, attorneys said.
This'll be interesting.

Full disclosure: my specialty plate is for St. Jude, but only because there isn't one for the Tennessee Firearms Association.

 


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