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Friday January 25, 2008
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Missouri Law Banning "Choose Life" License Plates Ruled Unconstitutional
KANSAS CITY, January 24, 2008 (LifeSiteNews.com) - A federal court Wednesday ruled in favor of attorneys with the Alliance Defense Fund who were defending "Choose Life" as a slogan for specialty plates. ADF attorneys represented pro-life organization Choose Life of Missouri in the lawsuit.
"Pro-life organizations shouldn't be penalized for expressing their beliefs," said ADF Senior Legal Counsel Joel Oster. "Unfortunately, that's how Missouri officials unfairly discriminated when they denied Choose Life the right to exercise their free speech rights, and today the court agreed."
The court ordered the state to issue the "Choose Life" license plate, saying that the state statute used to reject the plate gives too much discretion to Department of Revenue committee officials who approve and reject applications.
"The statute does not provide the Joint Committee with specific standards or guidelines upon which to base their decisions and no explanation is required for a denial of one's application. As a result, [the statute] is unconstitutionally vague and overbroad," wrote Senior U.S. District Judge Scott O. Wright.
ADF attorneys filed suit against Missouri Department of Revenue officials in June 2006 after two state senators, both members of a committee responsible for reviewing the applications, objected to the viewpoint of the plate proposed by Choose Life of Missouri (http://www.telladf.org/news/story.aspx?cid=3769).
At the same hearing, the applications of four other organizations - an autism foundation, a conservancy group, a cattlemen's foundation, and a military support organization - were approved. An appeal of the committee's initial decision led to a second denial of Choose Life's application. The court's order issued Wednesday requires the state to approve the plate.
The full text of the order issued by the U.S. District Court for the Western District of Missouri, Western Division, in Choose Life of Missouri v. Vincent is available at http://www.telladf.org/UserDocs/ChooseLifeMOorder.pdf
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