On The Front Lines
Citing free speech protections, The Rutherford Institute appeals to Governor Warner to sign 'Choose Life' license plate into law
John W. Whitehead, president of The Rutherford Institute, Affirms Constitutionality of Specialty PlateRichmond, Va.-- The Rutherford Institute has appealed to Virginia Governor Mark Warner to sign into law House Bill 1406, which authorizes the issuance of special "revenue sharing" license plates bearing the legend "CHOOSE LIFE." In a letter to Governor Warner, John W. Whitehead, president of The Rutherford Institute, stated the Institute's opinion that the license plate bill is constitutionally sound and that by signing it into law Warner would be facilitating the free speech rights of those who choose to display such specialty license plates. Whitehead pointed out that specialty plates do not constitute the speech of the Commonwealth but the vehicle owners' private speech, especially in light of the wide array of license plates already offered to Virginia citizens and a recent ruling by the Fourth Circuit Court of Appeals.
Introduced in the House this past October by the Honorable Richard H. Black (R-Loudoun) of the Commonwealth of Virginia's House of Delegates, House Bill 1406 authorizes the issuance of specialty "CHOOSE LIFE" license plates. For each $25 plate issuance fee collected in excess of 1,000 registrations, the bill stipulates that $15 would be paid annually to the locality in which the vehicle is registered. The $15 fee would then be distributed to nongovernmental, nonprofit agencies that provide counseling and other services intended to meet the needs of expectant mothers who are committed to placing their children for adoption rather than opting for abortion. Thus, the specialty plate has the potential to direct thousands of dollars to charitable organizations that promote the Commonwealth's pro-adoption policies at no net cost to its citizens. In response to a request from the office of Delegate Black, The Rutherford Institute had issued a brief opinion affirming the constitutionality of House Bill 1406 prior to its vote in the Senate. Shortly after the bill passed the Senate, Warner, a supporter of abortion rights, expressed his concerns over allowing the specialty plates to be issued. Warner stated that he does not want the Commonwealth's license plate program to promote "political advocacy or controversial sloganeering." He also expressed the concern that signing the "CHOOSE LIFE" bill into law could be viewed as aligning the Commonwealth with the views of those displaying the plates.
"We are concerned that a veto of a specialty plate because it includes a motto some might find controversial may give rise to the perception that the idea expressed on the plate is disfavored and therefore singled out for exclusion," stated Whitehead. "This plate is no different than the multitudes of specialty plates already available from the Commonwealth."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
Press Contact
Nisha N. MohammedPh: (434) 978-3888, ext. 604; Pager: 800-946-4646, Pin #: 1478257
Email: Nisha N. Mohammed
