June 17, 2003: ACLU-TN Disappointed by Governor's choice not to veto Choose Life License plate bill; exploring litigation

ACLU-TN Disappointed by Governor’s Choice
not to Veto “Choose Life” License Plate

Statement by Hedy Weinberg, Executive Director
American Civil Liberties Union of Tennessee

As an organization committed to the defense of freedom of speech, women’s reproductive rights, and separation of church and state, the ACLU of Tennessee is very disappointed by Governor Bredesen's choice not to veto the "Choose Life" license plate bill but instead to allow it to become law without his signature.

The ACLU-TN opposed this legislation for a number of reasons. We believe such an initiative is unwise public policy decision fraught with constitutional problems.

Abortion is one of the most divisive public issues today, producing the most passionate debate, the least compromise, the greatest lack of civility, and even violence. That is why we are disappointed that Governor Bredesen chose not to veto the "Choose Life" license plate bill. This law will only exacerbate the division among Tennesseans by endorsing one side of the abortion debate with a new specialty tag containing the phrase “Choose Life,” the recognized slogan of the anti-choice movement. At the same time, the legislature did not allow the pro-choice message to be promoted.

The State can certainly elect whether or not to permit political slogans on license plates. But once the decision has been made to permit one political slogan, constitutionally other competing ideas must be afforded the opportunity to use the same state-sponsored forum.

While there is no right to place a political slogan on a state-sponsored license plate, once that is done the First Amendment does not permit the State to discriminate in the future on the basis of viewpoint. In other words, if the State decides to politicize specialty tags, then it may not pick and choose which issues to support.

The State can propose a procedure that would allow pro-choice and anti-choice groups to request their own specialty plates. What the State cannot do is favor one side in a political debate by providing for only that side to place its slogan on license plates. That is what has happened. A proposed amendment to include a provision for a pro-choice license plate failed on the Senate floor.

In addition, this law distributes a portion of the funds raised from the sales of the “Choose Life” license plates to New Life Resources, an agency affiliated with Tennessee’s Right to Life organization. Additional funds are directed to forty-nine agencies which are required to maintain a partnership with New Life Resources. Many of these agencies self-identify as religious. Distributing funds collected by the State to these religious groups raises serious concern about Establishment Clause violations.

For the reasons stated above, ACLU-TN is exploring the possibility of litigation.

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