What’s Okay, And Not Okay, When ‘God’ Shows Up On License Plates

Religiously-themed license plates are generally not an issue in the 
separation between church and state. But there is one Texas plate that 
could fall into a gray area.

A new batch of specialty license plates for Texas drivers is coming in 
2016. Among them, one that reads “In God We Trust.”

That plate is the fourth state license plate that prominently mentions God.

Back in 2004, the Texas Department of Motor Vehicles 
<http://www.txdmv.gov/motorists/license-plates/specialty-license-plates> began 
selling plates that read “God Bless America” and “God Bless Texas. 
<http://www.txdmv.gov/motorists/license-plates/specialty-license-plates/itemlist/filter?taga%5B%5D=Patriotic&moduleId=185&Itemid=145>
”

The U.S. Supreme Court ruled this past June 
<http://www.scotusblog.com/case-files/cases/walker-v-texas-division-sons-of-confederate-veterans-inc/>
 that 
license plates are state-sponsored speech. But one constitutional law 
expert says God-themed plates are not considered a violation of the 
Establishment Clause of the First Amendment.

“Generic references to God that are part of our traditions of government, 
like ‘God Bless America’ or other invocations, which are not specific 
towards a sectarian belief system, have been upheld by the Supreme Court as 
not constituting an establishment of religion,” says Charles “Rocky” Rhodes 
<https://www.stcl.edu/faculty/Rocky_Rhodes.htm>, a professor at South Texas 
College of Law.

The new license plate lawmakers approved this past legislative session — 
“In God We Trust” — is, according to Rhodes, another example of acceptable 
state speech.

“It’s the same reason we have ‘In God We Trust’ on coins. That’s been 
upheld by a lot of lower court decisions. There’s nothing wrong with that, 
because that’s ceremonial deism again – something that has historically 
been done in America,” Rhodes said, adding that “In God We Trust” started 
appearing on U.S. currency during the Civil War.

However, there’s another Texas license plate that Rhodes says gets very 
close to the line of separation between church and state. It reads “One 
State Under God 
<http://www.myplates.com/Images/Plates/PLPC236?plateText=CROSS>” and 
includes a depiction of the Calvary Mount — the scene where Christians say 
Jesus was crucified.  
[image: One State Under God license plate]Texas DMV/myplates.com 
<http://www.myplates.com/Images/Plates/PLPC236?plateText=CROSS>
The Texas license plate that reads “One State Under God” and includes a 
depiction of the Calvary Mount — the scene where Christians say Jesus was 
crucified.

Rhodes says that plate might be acceptable, since drivers can choose 
whether to have it on their cars. However, the state could run into trouble 
if it later rejected a license plate with a symbol of a different sect — 
such as Islam or Judaism – because he says that would be an instance of the 
state preferring one religion over another.

The Department Of Motor Vehicles says the three existing plates that 
prominently mention God have sold a combined total of around 6,300 sets.

The DMV is still waiting on a design and sufficient funding for the new “In 
God We Trust” plate before it can go on sale.

---

For the second time in as many years, a New Jersey resident has been denied 
a customized license plate with an atheist message. In August 2013, a man 
was denied 
<http://www.nj.com/news/index.ssf/2013/08/nj_reverses_stances_says_man_can_gets_athe1sts_license_plate.html#incart_river>
 the 
licence plate “ATHE1ST” because a Motor Vehicle Commission clerk found it 
“offensive.”

And last week a woman was denied 
<http://www.nj.com/cumberland/index.ssf/2014/04/new_jersey_woman_files_lawsuit_over_atheist_license_plate.html>
 her 
requested for an “8THEIST” plate on the commission’s website 
<http://www.nj.com/cumberland/index.ssf/2014/04/new_jersey_woman_files_lawsuit_over_atheist_license_plate.html>.
 
The former request was eventually granted, and the current one almost 
certainly will as well, especially since the woman has filed a federal 
lawsuit 
<http://online.wsj.com/public/resources/documents/2014_0418_shannonmorgansuit.pdf>
.

While the 2013 denial was an explicit in-person objection, Shannon Morgan’s 
request of “8THEIST” was only denied by the automated online system. Morgan 
said she “attempted to contact the state Motor Vehicle Commission in 
November and March, according to the lawsuit, but received no response or 
explanation”, while the commission says it reviews “every request 
personally.”

It is unclear whether the initial request of “8THEIST” was reviewed 
“personally” since it appeared to be immediately rejected by the online 
system, or whether the personal reviews are only of *appealed* requests. 
Also unclear is whether Morgan’s request has actually been appealed through 
the proper channels and/or reviewed by the commission. Regardless, after 
several months of no response from state officials, she has decided to file 
suit instead.

Almost more frustrating than the denial of a simple vehicular use of speech 
is the reaction of some to the case. The headline of the story at the 
conservative *Daily Caller* 
<http://dailycaller.com/2014/04/21/devout-angry-atheist-finds-new-thing-sue-angrily-about-vanity-plates/#ixzz2zWWQ1Dwu>
 drips 
with smarm:

*Devout, angry atheist finds new thing to sue angrily about: VANITY PLATES*

Really?

If it had been a rejected “BAPTIST” licence plate, would the person denied 
have been “angry” apparently both innately and actively in suing? We’ll 
never know, since Morgan attempted to test that plate to see if it was 
available after being denied “8THEIST” and found that the state had no 
problem with that particular expression.

The “education editor” at the DC doesn’t limit his disdain to the headline. 
In the story he describes Morgan as an “ardent atheist” and mocks the 
attorneys suing on behalf of Morgan for their desire to get paid for their 
services. The horror!

The DC attempts to undermine Morgan’s claim by noting the previous 
rejection and eventual issuance of the “ATHE1ST” plate. Except that case 
*supports* Morgan’s claim, not undermines it. Whether they get approved 
after appeal or not, New Jersey now has a questionable process that more 
than once has denied innocuous atheist messages on its license plates, at 
least at first. And that may be enough to deny most, since not everyone 
will bother trying to appeal or sue.

This is literally a case of chilled speech and denial of religious liberty 
(yes, one necessarily has the liberty to have no religion if one has the 
liberty to have one too). But because it’s about atheism instead of 
Catholicism, Judaism, or Methodism, conservatives sit back and chortle at 
the silly heathens and their denied liberties. You don’t have to agree with 
atheists or even like them to respect their right to express their 
non-belief.

---






On Tuesday, February 23, 2016 at 7:42:45 AM UTC-6, Travis wrote:
>
>
>
> BareNakedIslam posted: " State officials were scrambling Monday to figure 
> out how they issued a personalized license plate with an alleged slur 
> against Muslims. A photo taken recently in the St. Cloud area and posted on 
> social media shows a pickup truck with a plate that reads “" 
>
> New post on *BARE NAKED ISLAM* 
> <http://www.barenakedislam.com/?author=1> MINNESOTASTAN issues great 
> license plate, then tries to revoke it when Muslims get their panties in 
> a wad 
> <http://www.barenakedislam.com/2016/02/22/minnesotastan-issues-great-license-plate-then-tries-to-revoke-it-when-muslims-get-their-panties-in-a-wad/>
>  by 
> BareNakedIslam <http://www.barenakedislam.com/?author=1> 
>
> State officials were scrambling Monday to figure out how they issued a 
> personalized license plate with an alleged slur against Muslims. A photo 
> taken recently in the St. Cloud area and posted on social media shows a 
> pickup truck with a plate that reads “FMUSLMS.” MPR News  Minnesota 
> Department of Public Safety spokesman Bruce Gordon issued […]
>
> Read more of this post 
> <http://www.barenakedislam.com/2016/02/22/minnesotastan-issues-great-license-plate-then-tries-to-revoke-it-when-muslims-get-their-panties-in-a-wad/>
> *BareNakedIslam <http://www.barenakedislam.com/?author=1>* | February 22, 
> 2016 at 9:51 pm | Categories: Islam in America 
> <http://www.barenakedislam.com/?taxonomy=category&term=islam-in-america> 
> | URL: http://wp.me/p276zM-1lxw 
>
> Comment 
> <http://www.barenakedislam.com/2016/02/22/minnesotastan-issues-great-license-plate-then-tries-to-revoke-it-when-muslims-get-their-panties-in-a-wad/#respond>
>  
>    See all comments 
> <http://www.barenakedislam.com/2016/02/22/minnesotastan-issues-great-license-plate-then-tries-to-revoke-it-when-muslims-get-their-panties-in-a-wad/#comments>
>  
>
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