In Wooley, the slogan was "Live Free or Die." Of course the same
reasoning would apply to "In God We Trust" or any other slogan.
Quoting "Scarberry, Mark" <[EMAIL PROTECTED]>:
Perhaps this should be seen as a response to Wooley v. Maynard. The
state could not require motorists to display "In God We Trust."
Instead
of instituting an opt out scheme, it instituted an opt in scheme.
Mark S. Scarberry
Pepperdine University School of Law
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Conkle,
Daniel
O.
Sent: Friday, March 23, 2007 10:15 AM
To: Law & Religion issues for Law Academics
Subject: RE: Indiana License Plates
I see Steve's point, but I'm not sure I agree. Other things equal,
I
would think that the existence of choice (even if skewed to a
degree)
would make the establishment clause claim weaker, not stronger.
Likewise, the existence of choice suggests that there is an element
of
personal speech here, which likewise might tend to counteract an
establishment clause argument. I wonder if the problem--if there
is
one--is the prominence and the novelty of the license plate
displays,
which are partly personal but largely governmental speech and which
arguably go beyond the bounds of the tradition that supports the
national motto in other contexts.
Dan Conkle
*******************************************
Daniel O. Conkle
Robert H. McKinney Professor of Law
Indiana University School of Law
Bloomington, Indiana 47405
(812) 855-4331
fax (812) 855-0555
e-mail [EMAIL PROTECTED]
*******************************************
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Steve
Sanders
Sent: Friday, March 23, 2007 12:48 PM
To: religionlaw@lists.ucla.edu
Subject: RE: Indiana License Plates
Were Indiana to put this same motto on all standard license plates,
and
not offer its citizens any choice in the matter, I think the
analogy to
the currency would be perfectly apt.
But this seems different. In Indiana, there's a standard plate and
various optional plates. If you choose an optional plate to
express
your support for your university, or veterans, or the national
guard, or
DARE, or even "our troops," you pay an extra fee. But choose the
optional plate on which you display the government's endorsement of
God,
and the government in effect gives you a subsidy for agreeing to
propagate that particular religious message.
Quoting "Volokh, Eugene" <[EMAIL PROTECTED]>:
Well, to the same extent that the motto on currency is
establishment,
or the phrase "Let this be our motto, In God Is Our Trust" in our
national anthem is establishment -- which is to say,
given
the courts' caselaw on this, not establishment.
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Jean
Dudley
Sent: Thursday, March 22, 2007 10:10 PM
To: Law & Religion issues for Law Academics
Subject: Indiana License Plates
Specialty plates cost money; But not if you want to proclaim
your
religiosity on the rear bumper of your car in Indiana.
http://fauxrealtho.com/2007/03/22/in-god-indiana-trusts/[1]
The author brings up a very good point: Indiana has a number of
specialty license plates available, but the "In God We Trust"
plates
don't carry the extra fees that all the others do. Why should
those
who identify with religion do so at taxpayer's expense?
It smacks of establishment of religion, to me.
Jean Dudley
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_________________________________
Steve Sanders
E-mail: [EMAIL PROTECTED]
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Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI 48109-1215
734-647-9713
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