ACLU
Ends Legal Challenge Against Ohio "Choose Life" License
Plate
Cleveland,
OH - The ACLU, on behalf of the National Abortion Rights Action
League (NARAL), voluntarily dismissed its case against the "Choose
Life" license plate in Ohio, ending all legal challenges against
the license plate. The case was NARAL v. Taft which sought
to block the sale of the "Choose Life" specialty license
plate, along with the entire system of specialty and vanity license
plates for Ohio. Liberty Counsel intervened in the case on behalf
of "Choose Life" license plate owners and pregnancy
and adoption services providers.
Anyone who purchases
a "Choose Life" plate pays an additional fee to obtain
the plate. Those funds are used to support local crisis pregnancy
centers or other organizations that promote adoption. The law prohibits
funds generated from the proceeds of the plate to go to any entity
that provides, promotes, or refers for abortion.
A district court
had earlier dismissed the ACLU's case against the license
plate, finding that the lawsuit was barred by the Tax Injunction
Act, meaning that the ACLU should have brought its case in the state
and not federal court. The ACLU appealed the case to the Sixth Circuit
Court of Appeals. While the case was on appeal, the Sixth Circuit
decided the case of ACLU v. Bredesen which was a challenge
to Tennessee's "Choose Life" license plate. Liberty
Counsel filed a brief before the Sixth Circuit in the Bredesen
case, arguing that the Tennessee "Choose Life" plate
was constitutional. The Sixth Circuit agreed that the "Choose
Life" plate was constitutional, and the Tennessee lawsuit
was not barred by the Tax Injunction Act. Recognizing that its Ohio
lawsuit was doomed to the same fate before the same court, the ACLU
dismissed its challenge against the Ohio "Choose Life"
license plate.
Mathew D. Staver,
Founder and Chairman of Liberty Counsel, is pleased the ACLU dismissed
the appeal. "The ACLU realized that it didn't have a
prayer in its case against the Ohio "Choose Life" license
plate. Dismissing the case against the "Choose Life"
license plate was the first sound legal strategy move the ACLU made
in this case. "Choose Life" license plates have raised
millions of dollars for adoption and pregnancy services across the
country. This is a vital and constitutional program."
Liberty Counsel
has successfully defended "Choose Life" license plates
across the nation, including Florida's "Choose Life"
license plate. Liberty Counsel also defended "Choose Life"
license plates in Arkansas and Tennessee.
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