Choose Life' License Plates Hit Red Lights, Green Lights
Courts differ on whether messages are state or individual speech.
by Bethany Pledge | posted 10/27/2005 01:33PM

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"If [the message is] seen to come from a particular religious perspective, it could fail on that ground," said Charles Haynes of the First Amendment Center. The problem, he says, is that the intent of the "Choose Life" message differs depending on who one asks. Supporters understand it as simply a marketing slogan in favor of adoption, whereas others see a clear pro-life message.
Opponents link "Choose Life" directly to the Bible, as in Deuteronomy 30:19: "I call heaven and earth as witnesses today against you, that I have set before you life and death, blessing and cursing; therefore choose life, that both you and your descendants may live" (NKJV). But Choose Life Inc., the Ocala, Florida-based organization behind the push for the plates, says it decided on the phrase after conducting a poll among potential buyers, who favored "Choose Life" two-to-one over other options. "Since we are trying to raise the most funds possible to support the cause of adoption," said the Choose Life website, "it was an obvious choice to use the phrase that was close to our cause and would sell the most plates."
Choose Life Inc. is pro-life, but its goal to promote and facilitate adoption is much broader, said Jeremy Tedesco of the Alliance Defense Fund, which is appealing the ruling against the Arizona plates. "The state has made it about abortion," he said.
The message "does not promote any particular religious viewpoint," Tedesco said, nor is a license plate government speech. If it were, he argued, the state "can discriminate against anybody they want."
As of October 12, 2005, the plates have raised more than $4 million nationally for organizations that assist women with unwanted pregnancies and promote adoption, according to Choose Life.
States offering "Choose Life" plates include Alabama, Arkansas, Connecticut, Florida, Hawaii, Louisiana, Maryland, Mississippi, Montana, Ohio, Oklahoma, South Dakota, and Tennessee. States currently with legislative action to consider the plates include California, Delaware, Georgia, Illinois, Kentucky, Michigan, New Hampshire, Rhode Island, Texas, and Virginia. Only Montana and Hawaii offer specialty plates supporting abortion rights.
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Related Elsewhere:
Choose Life Inc.'s site has more information about the plates and the legal battles over them.
Slate and ReligiousTolerance.org both have backgrounders on Choose Life plates.