January 18, 2002

by Cindy Hanford, Staff Writer

Florida NOW challenged Florida's "Choose Life" license plates in state court last year, arguing that the anti-abortion message violated free speech and constitutional provisions separating church and state. However, Leon County (FL) Circuit Judge Nikki Ann Clark dismissed the case on November 21. Florida NOW's lawyer, Barry Silver, told The Sun-Sentinel (Fort Lauderdale) that he would appeal the ruling directly to the State Supreme Court.

On January 15, the Center for Reproductive Law and Policy (CRLP) took a different approach by filing a federal court challenge to the constitutionality of the license plates.

The CRLP case, Women's Emergency Network v. Bush, asks for a temporary restraining order to block further distribution of more than $668,000 generated by the sale of over 25,000 plates. Proceeds from the sales go only to agencies that counsel women to carry their pregnancies to term and give up their newborns for adoption, and that do not provide abortion services or make referrals for abortions. This is the first court case to address the constitutionality of the distribution of funds generated by the sale of "Choose Life" plates. The case will be heard in the United States District Court for the Southern District of Florida in Miami.

Some Florida counties are allowing religious organizations, such as Catholic Charities, to distribute the license plate revenues, which CRLP argues violates the Establishment Clause. "This scheme turns the Florida government into a fundraiser for the anti-choice movement," said Brigitte Amiri, the CRLP attorney for the case. "Furthermore, by allowing religious organizations to distribute state resources, Florida is trampling on the constitutionally guaranteed right of its citizens to the separation of church and state."

Last week, a federal court in Wisconsin ordered that state to stop giving money to a drug and alcohol addiction program that promoted Christian spirituality in its approach to treatment. Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin ruled that giving "unrestricted, direct state funding" to the religion-based program amounted to government-sponsored religious coercion. While Judge Crabb maintained that her decision applied only to the one program, and not to the constitutionality of all charitable choice schemes, it was the first ruling against such a program since a 1996 federal statute loosened the restrictions on government financing of religious-based programs. Attorney General John Ashcroft thought the case important enough to file an amicus brief on behalf of the defendants, so these cases challenging the use of government funds may make their way to the Supreme Court.

Florida is the only state which has distributed "Choose Life" tags. Louisiana and South Carolina have passed similar legislation, but court challenges in both states are preventing sales. Similar legislation is being pursued in many other states which are trying to copy the Florida law in order to generate funds for anti-abortion programs.

For background, see:
Anti-Choice License Plates: More Stealth Legislation in the States to Limit Women's Rights