The 6th U.S. Circuit Court of Appeals in Cincinnati on Wednesday heard arguments regarding the constitutionality of a Tennessee law that authorizes the production and sale of "Choose Life" specialty license plates, the AP/Tennessean reports (Kinney, AP/Tennessean, 11/2). The measure authorizing the production of the plates was enacted by the state Legislature, and Gov. Phil Bredesen (D) allowed it to become law without his signature in June 2003. Planned Parenthood Federation of America and the American Civil Liberties Union in November 2003 filed a lawsuit in U.S. District Court to prevent the state from distributing Choose Life plates, alleging that the manner in which the state approves license plates is unconstitutional and allows the state to endorse some political issues while ignoring others. U.S. District Judge Todd Campbell in September 2004 ruled that the law is unconstitutional because the government is engaging in "viewpoint discrimination." Campbell applied the same reasoning judges have used in similar cases in other states, saying that the suit is about free speech, not abortion. "The result in this case would be the same if the statute authorized a 'Pro-Choice' license plate instead of the 'Choose Life' license plate," Campbell wrote, adding, "Either way, it is unconstitutional viewpoint discrimination in violation of the First Amendment." Campbell did not invalidate the state's entire specialty license plate program, a move that the ACLU had suggested as a possible solution in the case (Kaiser Daily Women's Health Policy Report, 9/28/04).

Arguments
New Life Resources, a group associated with Tennessee Right to Life and a beneficiary of the money collected through the sale of the plates, appealed the district court ruling. The group contends the plate's message is similar to government-sponsored public service announcements urging people to quit smoking or students to stay in school, according to the AP/Southern Standard (AP/Southern Standard, 11/3). Tennessee Right to Life President Brian Harris said in a statement, "Legislatures have not only the right to make policy decisions which favor specific viewpoints, they also have a responsibility to do so" (Tennessee Right to Life release, 11/1). ACLU lawyer Julie Sternberg argued that the legislation allowing the plates should have included an abortion-rights alternative, and she urged the three-judge panel to uphold the lower court ruling (AP/Southern Standard, 11/3). "When the state of Tennessee approved an antiabortion license plate and failed to do the same for a pro-choice plate, it effectively cut off public discussion," Sternberg said, adding, "The lower court made clear that the state cannot open up a forum for public debate on abortion without allowing both sides an equal opportunity to express their position. We are hopeful that the appeals court will do the same" (ACLU release, 11/2). The panel gave no indication of when it will rule (AP/Tennessean, 11/2).