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Tuesday, April 24, 2007

Ind. Law - More on: Indiana ACLU sues over no fees being attached to "God" plate [Updated]

The Indianapolis Star this morning has a link to the 5-page complaint in this suit. Access it here.

From the story reported by Richard D. Walton:

Mark Studler has nothing against people expressing their religious beliefs, even on their license plates.

But the Allen County man says he also believes those folks should be treated like Hoosiers who use their vehicle tags to promote education or the environment and are charged an extra fee to do so.

Studler and the ACLU of Indiana went to court Monday to challenge a law allowing Hoosier motorists to acquire "In God We Trust" plates at no additional cost.

Backers of the plate that was introduced this year counter that it offers residents a chance to affirm the nation's religious heritage while practicing their right to free speech.

Studler, 49, paid $40 for a plate depicting an eagle and the word "environment." Of that, $25 went to a state trust to buy land set aside for conservation or recreational purposes. The remaining $15 went to the state as an administrative fee.

The $15 fee is not charged for the "In God We Trust" plates.

"I'm into the environment. I wanted to make a statement," Studler said. "And for them to just come out and put out a free plate that's a special plate" seems unfair. "Everybody should either have to pay the fee or they should all be free," he said.

The Bureau of Motor Vehicles offers dozens of specialty plates, supporting organizations from the Indianapolis Colts to arts groups. The "In God We Trust" plate is the only generally available specialty plate exempt from any fee, said Ken Falk, legal director for the ACLU of Indiana, which filed the suit on Studler's behalf in Marion Superior Court.

"We're not complaining about the message," Falk said. "This isn't about religion."

But Curt Smith, president of the Indiana Family Institute, called the challenge misguided. The phrase "In God We Trust" is the national motto, he said, and appears on U.S. currency. "We mention God in the Declaration of Independence and in many of our founding documents, and so I think it's very appropriate and legitimate to encourage the dissemination of this phrase."

Rep. Woody Burton, R-Greenwood, led the effort in 2006 that created the plate. He has said that judges are chipping away at the Judeo-Christian foundation of America, and he backed the plate to give like-minded residents the chance to show their concern.

Here is yesterday's ILB entry.

[Updated 4/29/07] The LA Times has a story today on the Indiana suit.

Posted by Marcia Oddi on April 24, 2007 08:42 AM
Posted to Indiana Law