High Court Throws Out So. Carolina's 'Choose Life' Appeal
by Jenni Parker and Allie Martin
January 26, 2005
(AgapePress) - An expert on constitutional law says the U.S. Supreme Court's refusal to hear a case concerning South Carolina's "Choose Life" license plates doesn't mean such pro-life plates are illegal. On the other hand, he does believe the court's decision sends the wrong message to residents of the state.Earlier this week, Supreme Court justices declined to hear an appeal in Planned Parenthood of South Carolina v. Rose, a case in which "Choose Life" specialty plates were ruled unconstitutional by a lower court. Citizens who purchase the plates under the current program are charged an additional fee, which is used to support local crisis pregnancy centers, but which is excluded from proceeding to any entity that provides, promotes, or refers for abortions.
In response to that program, Planned Parenthood of South Carolina brought a suit against the state. The abortion provider charged that the message of the "Choose Life" plates was offensive and offered an unconstitutional, exclusive forum for pro-life advocacy, and in this case, their cause was upheld by the courts.
But according to Mat Staver, president and general counsel of the pro-family legal group Liberty Counsel, the Supreme Court's decision not to hear the state's appeal does not indicate that all such car plates are in violation of the First Amendment. "To the contrary," he says, "we defended a very similar case at another Court of Appeals that unanimously ruled that the license plates were constitutional."
Mat Staver | |
The small difference between the cases that are pending, Staver says, "is the difference between government-issued license plates versus situations in which citizens may apply for individual specialty plates. In those cases where citizens are able to apply for individually authorized specialty plates, those cases are clearly constitutional."However, in the South Carolina case, both a district court and the Fourth U.S. Circuit Court of Appeals found in favor of Planned Parenthood. And by refusing to review their decision, Staver says, the Supreme Court is sending the wrong message to all the states, since adoption -- not abortion -- is in the best interests of women, children, and the public.
The Liberty Counsel spokesman believes that Planned Parenthood, far from trying to champion the First Amendment or promote women's health, was simply protecting its own interests and pro-abortion agenda. Under the policies of the South Carolina license plate program, groups are allowed to express opposing viewpoints by applying for their own specialty license plates; but rather than do this, the attorney notes, Planned Parenthood instead attacked the pro-life plates in an effort to censor their message.
Staver says the abortion provider "wants to silence any message preferring adoption over abortion," since fewer abortions means fewer profits for Planned Parenthood. But if the organization truly wanted to pursue the best interests of women and children, he asserts, "it would welcome a pro-adoption message."
Liberty Counsel's president believes the South Carolina legislature will revisit the issue and will probably approve another set of pro-life plates in the future. "You're going to see another 'Choose Life' license plate," he predicts, "and that will clearly follow on the court precedent and will be clearly constitutional."
