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Federal Judge Says North Carolina’s Choose Life License Plates are Unconstitutional
more from Hrafnkell Haraldsson
You remember last year your outrage over North Carolina’s “Choose Life” license plates (House Bill 289)? Cheer up. A federal judge just ruled them unconstitutional. A federal court of appeals judge ruled against a similar plate in South Carolina in 2004, but that never discourages the Kill Mothers/Shove Jesus Down Your Throat, crowd.
U.S. District Court Judge James Fox ruled (pdf) that, “The State’s offering a Choose Life license plate in the absence of a pro-choice alternative constitutes viewpoint discrimination in violation of the First Amendment.”
D’oh! Makes you wonder how they could not have seen this coming.
But WRAL reports that, “twenty-nine states either already make “Choose Life” plates available or have approved such plates but have not manufactured them. But the plates have a mixed record when it comes to court challenges, with some judges ruling states can sell them and others siding with challengers who say the plates are unconstitutional.”
Maybe they thought they’d hit the lottery with this one. If so, they did not think this through. And to compound the problem for the Kill Mothers/Shove Jesus Down Your Throat, crowd, if they appeal the ruling, it goes before the same circuit court of appeals that struck down the South Carolina law.
But Rep. Mitch Gillespie (R-McDowell), the author of HB 289, said, “Every case is different. They could rule differently, There’s a very good debate over whether it’s viewpoint discrimination.”
In fact, constitutionality is usually the furthest thing from their minds; in this case, the law made sure that choice didn’t come into it. Ideas that would have amended the law for plates that said “Trust Women. Respect Choice” or “Respect Choice.” were quickly cast aside.
After all, Republicans do not trust women.
The American Civil Liberties Union of North Carolina Legal Foundation filed suit in 2011 on behalf of those who do trust women and want a plate that supports choice. The ACLU-Uncle’s legal director, Chris Brook, said in response to the ruling, “This is a great victory for the free speech rights of all North Carolinian’s, regardless of their point of view on reproductive freedom.”
It is also a victory for true religious freedom: Our freedom from their religion.
And of course, the state’s two Catholic bishops are upset: they said it was “a tremendous disappointment” that theocracy turns out to be unconstitutional, and that they hope the state appeals.
Maybe they didn’t read about what happened to South Carolina plates.
Maybe, just maybe, they didn’t read the U.S. Constitution. Put those Bibles down, gentlemen, and take a gander if you will.
No, prayers won’t make it go away and David Barton can’t make it say something different.
Gillespie, WRAL goes on to say, “said he plans to try again when the General Assembly reconvenes next year to get a pro-life license plate in North Carolina, but he said he’s opposed to a ‘Respect Choice’ plate.”
No surprise there. Republicans don’t trust women. And they certainly don’t want you to choose. After all, you’re not really “choosing life” when it’s the only choice allowed, are you?
Remember what the Church has always called choice: heresy.
So Gillespie says, “I’d be willing to sacrifice this before I’d be willing to vote for that. Personally, I couldn’t do it. My personal convictions on this are strong.”
Yeah. We get that.
It’s because of attitudes like that we have a Constitution in the first place.
Assuming Gillespie keeps his promise and actually succeeds in getting the state a pro-choice plate, and since North Carolina a portion of the proceeds from sales of the “Choose Life” plates go to a nonprofit that supports crisis pregnancy centers. You know, those places where they tell you God doesn’t want you to go to kill babies. You have to wonder where the money from pro-choice plates would go. Not Planned Parenthood, certainly! After all, the 2011 law prohibited funds from “be[ing] distributed to any agency, organization, business, or other entity that provides, promotes, counsels, or refers to abortion.”
Good gods above! You can’t even say abortion!
How ironic then that a federal judge aborted the plates.
I imagine proceeds from a pro-choice plate would go to anti-choice crisis pregnancy centers too. No matter what, any organization that is going to offer women actual facts about pregnancy and abortion aren’t going to get any money.
This ruling is a tremendous victory. The First Amendment is meant to protect us from state-sponsored religion. Again and again, the forces of theocracy try to shove it down our throats anyway which narrows our choices to just one: what they say the Bible says and what they say their god wants. But their religious freedom does not trump my religious freedom or yours Not anywhere in the Constitution does it give them the right to choose for the rest of us.
So let’s throw the government out of our bedrooms, and please folks, let’s kick these retrogressive jackals to the curb. They’re messing with my Heathen Zen and I know they’re messing with yours too.
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14 Responses to Federal Judge Says North Carolina’s Choose Life License Plates are Unconstitutional
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Cyndi
Dec. 11th, 2012 at 9:16 am
And of course, the state’s two Catholic bishops are upset: they said it was “a tremendous disappointment” that theocracy turns out to be unconstitutional, and that they hope the state appeals.
What part of separation of church and state do these bishops not understand? Theocracy does not belong in politics or legislature.
Personally I have no problem with the plate as long as there is a choice of plates. Pro-life or pro-choice.
djchefron
Dec. 11th, 2012 at 9:30 am
Anytime these arguments come up,to keep my sanity I go back to one of the great philosophers of my generation
Quoting Richard Pryor
“The reason people use a crucifix against vampires is that vampires are allergic to bullshit”
Reynardine
Dec. 11th, 2012 at 9:33 am
We have got a similar situation in Florida. Perhaps we could have a plate that says, “Choose death. Kill pregnant women.”
A Walkaway
Dec. 11th, 2012 at 11:31 am
When I read that, I was thinking about our situation… and that I’ve never seen a single plate that even hinted at respecting choice. I wish we could get some decent judges in this state and that the separation of church and state would be strengthened.
Maybe they’re available but people are dissuaded from buying them… I would not be surprised at hearing of cars being keyed, windows or windshields broken, and so on if such a plate were available, and I HAVE talked with people whose cars were vandalized because they had a pro-choice bumper sticker.
As a side note (positive), the fact that the Republican Party is the problem has made the local paper, in the editorials. The fact that the Republicans have filibustered so many bills that would have helped the rest of us was actually mentioned!!!
(I know the reaction will be rants about “liberal bias in the news”, but still, maybe some of them will start thinking for themselves.)
Forrest Franks
Dec. 11th, 2012 at 9:51 am
This guy thinks it’s worth it to push his personal views? Andsspend tax payer dollars on it? May I remind this dipstick of separation of church and state. And if they offer these plates to one side, the other side should be issued plates with proceeds going to the organization of their choice PERIOD. If not it is a violation of free speech. The preachers need to keep their maps shut unless they would like to pay TAXES on their and the churches income. They scream pro life, but completely disregard the woman’s or mothers right to life. How many women have they killed because of their beliefs? When the child is born they then calling and the mother a low life moocher, welfare queen. And they are against birth control which would prevent the pregnancy in the first place. These people need to shut the ….. up and mind their own business.
Tim
Dec. 11th, 2012 at 11:02 am
North Carolina must be a state with very few problems.
By their constant concern with women’s issues we must assume that their roads are all fixed, crimes all solved and the kids are all graduating from school with full honors.
Shiva (Moderator)
Dec. 11th, 2012 at 11:02 am
““The State’s offering a Choose Life license plate in the absence of a pro-choice alternative constitutes viewpoint discrimination in violation of the First Amendment.”
I totally disagree with this. It doesn’t matter if there’s an alternative viewpoint. The government is selling a religious and moral sign. This is no different than the government putting up a sign above the Statehouse that says Jesus saves.
A Walkaway
Dec. 11th, 2012 at 11:33 am
Good point.
robyn ryan
Dec. 11th, 2012 at 2:17 pm
Is it Florida or Georgia that has the “God Bless America” plates?
Talk about your PTSD trigger!
A Walkaway
Dec. 11th, 2012 at 11:40 am
Besides the “Choose Life” plates here in Florida, that also reminds me that whenever you renew your license, they also solicit funds from you to go to Dobson’s organization (and I think a couple of other “Faith-based” groups like Dobson’s, along with a few non-religious charities).
They tried to pass that in law several years, and we (and the ACLU) got wind of it and stopped it. I don’t know how they sneaked it in after that big blow-up.
Considering that Canady, a conservative monster whose staff lied to my face is now on the state Supreme Court (and he’s dominionist or at least extreme conservative), I’m not too surprised at the things happening in this state.
Joe
Dec. 11th, 2012 at 1:36 pm
I don’t understand? Isn’t choosing life a pro-choice?
Hrafnkell Haraldsson
Dec. 11th, 2012 at 1:42 pm
Not when it’s the only choice, Joe, which is the point of all this.
Joe
Dec. 11th, 2012 at 10:50 pm
When someone is shooting at me I choose to shoot back because I don’t want to get shot, I don’t want to die, and I don’t want the guy next to me to get killed. But afterwards my soul and my heart are always heavier. Each time I feel further seperated from humanity. I am so thankful that I am not a woman,that has to make the choice to kill your own child. My heart goes out to all of you, it has to be the worst possible decision to ever make.
sherrie heckendorn
Dec. 12th, 2012 at 7:41 pm
You are right that when a woman has to make that decision, its one that is agonized over and contrary to what many think, its always about what would be best for that unborn, and in this day of jobs without livable wages and few jobs at that, many women would consider it best not to bring to life a child they could not afford to feed and house. That is never a decision made ligthly, and what we need in this country are livable wages, free to access birthcontrol for all women, good education in school and no that does not mean abstinence only, as that only makes parents and doesn’t prevent teen age pregnancy which are on the rise in all southern states Its all about removing the need to consider abortion, not making abortion illegal, as all that does is lead to woman still doing this, but in back alleys and womens living rooms with all the tools they used to use, and yet the rich woman or child will just fly overseas or go to a state that allows it. You never stop abortion by making it illegal, instead you use ways to prevent the need.