On The Front Lines
Responding to request from Virginia Delegate Black, The Rutherford Institute issues opinion in support of 'Choose Life' license plate
Richmond, Va.--In response to a request from the office of the Honorable Richard H. Black (R-Loudoun) of the Commonwealth of Virginia's House of Delegates, The Rutherford Institute has issued a brief opinion affirming the constitutionality of House Bill 1406, which authorizes the issuance of special "revenue sharing" license plates bearing the legend "CHOOSE LIFE." Having handled numerous ground-breaking cases involving the application of the First Amendment to specialty and vanity license plates, The Rutherford Institute has acquired considerable expertise in this area of constitutional law.Introduced in the House this past October by Delegate Black, 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. One critical aspect of the bill is its prohibition of funds generated from sales of the license plates going to any agencies involved or associated with abortion activities. Specifically, the bill prohibits the funds from being distributed to any agencies that counsel for or refer to abortion clinics, provide medical abortion-related procedures or engage in pro-abortion advertising. After reviewing the legislation, Institute attorneys deemed House Bill 1406 constitutionally sound and pointed out that the majority of courts that have considered similar "Choose Life" statutory schemes have affirmed their constitutionality.
"It is appropriate for states to allow private citizens to express their personal views on a variety of topics on specialty license plates," said John W. Whitehead, president of The Rutherford Institute. "In a time when opportunities for free expression are diminishing, the General Assembly should be lauded for providing an outlet for citizens who wish to comment on this important issue."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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