November 11, 2011 (LifeSiteNews.com) – A federal court ruled Tuesday that the state of New York violated the First Amendment when it rejected a pro-adoption group’s application to sponsor a “Choose Life” specialty license plate as part of a state program.
The court issued an order for the state to approve the plate application from The Children First Foundation (CFF), but placed the order on hold until any appeals are completed.
“It is undisputed that CFF complied with the requirements for entry into the program,” the court wrote. “As this court has found, the sole basis for Defendants’ denial of CFF’s license plate application was viewpoint discrimination. Accordingly, the court finds that Defendants’ restriction was both discrimination based on viewpoint and unreasonable.”
In addition, the court found that “New York has run afoul of the First Amendment by giving the Commissioner unbridled discretion to engage in viewpoint discrimination.”
The New York DMV had rejected the foundation’s license plate design of a crayon drawing of a yellow sun behind the faces of two smiling children, claiming a significant segment of the population would consider the design “patently offensive” because it also included the words “Choose Life.”
The lawsuit had been filed on behalf of The Children First Foundation in 2004 by Alliance Defense Fund attorneys.
“Pro-adoption organizations have the right to a specialty license plate on the same terms as any other organization, and the court’s decision affirms that,” said ADF Senior Legal Counsel Jeff Shafer. “The state is not authorized to censor The Children First Foundation for its life-affirming viewpoint, but it has gotten away with doing so for 10 years now since the application was first submitted.”
ADF had represented The Children First Foundation in a similar lawsuit in New Jersey. In that case, the state eventually agreed to approve the “Choose Life” plate.