South Carolina Choose Life Plate Declared Unconstitutional, State Will Appeal

South Carolina Choose Life Plate Declared Unconstitutional, State Will Appeal

by Steven Ertelt
LifeNews.com Editor
March 23, 2004

Columbia, SC (LifeNews.com) -- A federal appeals court has declared that South Carolina's "Choose Life" license plate is unconstitutional, but the state has already indicated it will appeal the decision to the U.S. Supreme Court.

A three judge panel of the 4th U.S. Circuit Court of Appeals says the plates violate the First Amendment because they give a forum for pro-life advocates to present their views, but not abortion supporters.

"One injury the plaintiffs allege is the discriminatory treatment they suffer from the State's use of the license plate forum to promote one political viewpoint (pro-life) in the debate about abortion. The plaintiffs are correct," the court said.

Planned Parenthood attorney Peter Murphy applauded the opinion saying the court agreed with its arguments.

But South Carolina Attorney General Henry McMaster indicates he plans to appeal the decision. McMaster says abortion advocates were not discriminated against because they never applied for their own plate.

Holly Gatling, director of South Carolina Citizens for Life, is pleased McMaster will appeal.

"Numerous U.S. Supreme Court cases have held that the state has a right to prefer childbirth over abortion. Our Choose Life license plate legislation sends the positive message that South Carolina is a place where life is valued and a state where our values are not only respected, but reflected in our government," Gatling told LifeNews.com.

The 4th circuit's decision upholds a federal judge's decision in December but is at odds with the 5th Circuit Court of Appeals, which ruled last year in a Louisiana case that abortion advocates had no standing to sue.

The Supreme Court refused to hear an appeal in the Louisiana case, though the appeal there came from abortion advocates rather than defenders of the Choose Life plate.

"This case shows the extremism of Planned Parenthood, the largest abortion business in the United States. Our opponents are so afraid of the pro-life message getting out, they're even afraid of the very words 'choose life,'" Gatling said.

"If Planned Parenthood were truly 'pro-choice' they would welcome the Choose Life license plates," Gatling concluded. "The problem is that Planned Parenthood is deathly afraid
of losing business and when women choose life over abortion, it bad for abortion business."

Sales of the plate would benefit crisis pregnancy programs in the state, but no money could go to "any agency, institution, or organization that provides, promotes, or refers for abortion."

Related web sites:
4th Circuit Court's decision - http://pacer.ca4.uscourts.gov/opinion.pdf/031118.P.pdf
South Carolina Citizens for Life - http://www.sclife.org


Enter your email address to receive news from LifeNews.com via email. Do you prefer to receive news daily or weekly? Daily Weekly Do you favor or oppose abortion? Favor Oppose Click here to make a PayPal donation to LifeNews.com!	South Carolina Choose Life Plate Declared Unconstitutional, State Will Appeal by Steven Ertelt LifeNews.com Editor March 23, 2004 Columbia, SC (LifeNews.com) -- A federal appeals court has declared that South Carolina's "Choose Life" license plate is unconstitutional, but the state has already indicated it will appeal the decision to the U.S. Supreme Court. A three judge panel of the 4th U.S. Circuit Court of Appeals says the plates violate the First Amendment because they give a forum for pro-life advocates to present their views, but not abortion supporters. "One injury the plaintiffs allege is the discriminatory treatment they suffer from the State's use of the license plate forum to promote one political viewpoint (pro-life) in the debate about abortion. The plaintiffs are correct," the court said. Planned Parenthood attorney Peter Murphy applauded the opinion saying the court agreed with its arguments. But South Carolina Attorney General Henry McMaster indicates he plans to appeal the decision. McMaster says abortion advocates were not discriminated against because they never applied for their own plate. Holly Gatling, director of South Carolina Citizens for Life, is pleased McMaster will appeal. "Numerous U.S. Supreme Court cases have held that the state has a right to prefer childbirth over abortion. Our Choose Life license plate legislation sends the positive message that South Carolina is a place where life is valued and a state where our values are not only respected, but reflected in our government," Gatling told LifeNews.com. The 4th circuit's decision upholds a federal judge's decision in December but is at odds with the 5th Circuit Court of Appeals, which ruled last year in a Louisiana case that abortion advocates had no standing to sue. The Supreme Court refused to hear an appeal in the Louisiana case, though the appeal there came from abortion advocates rather than defenders of the Choose Life plate. "This case shows the extremism of Planned Parenthood, the largest abortion business in the United States. Our opponents are so afraid of the pro-life message getting out, they're even afraid of the very words 'choose life,'" Gatling said. "If Planned Parenthood were truly 'pro-choice' they would welcome the Choose Life license plates," Gatling concluded. "The problem is that Planned Parenthood is deathly afraid of losing business and when women choose life over abortion, it bad for abortion business." Sales of the plate would benefit crisis pregnancy programs in the state, but no money could go to "any agency, institution, or organization that provides, promotes, or refers for abortion." Related web sites: 4th Circuit Court's decision - http://pacer.ca4.uscourts.gov/opinion.pdf/031118.P.pdf South Carolina Citizens for Life - http://www.sclife.org