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Thursday, November 20, 2008

Ind. Courts - More on: God and prayer continue in Indiana headlines

Updating this ILB entry from yesterday, Jon Murray reports today in the Indianapolis Star under the heading "BMV gives in -- a little -- on 'God' plates: Plaintiff, 3 others who made request before ban took effect only ones who'll get their wish." Some quotes:

God will grace a few more Hoosier license plates under a partial reversal Wednesday by the Bureau of Motor Vehicles -- but for new personalized plates, a God-less policy will stand.

Facing a lawsuit, BMV Commissioner Ron Stiver overruled an earlier decision denying a plate reading "BE GODS" to a woman who had had the plate for years but missed a renewal deadline. He also reversed denials for three other plates Wednesday.

All four requests came in before the BMV's new policy that bars references to religion or a deity -- a restriction rarely enacted by other states -- took full effect this month.

The decision means BE GODS can join GOD CAN, GODS KID and PSALM25 on the road when those motorists' registrations come up in 2009, a BMV spokesman said. * * *

The Alliance Defense Fund, a Scottsdale, Ariz.-based group whose mission includes advocating for religious liberty, plans to press forward with Ferris' suit, attorney Erik Stanley said.

The BMV handles about 12,000 personalized-plate requests a year. The suit argues that the new rule violates constitutional rights including free speech and exercise of religion.

In a statement, Stiver defended the measure. A committee proposed it late last year along with other changes, but the rule didn't become administrative law until Nov. 6.

"Simply stated," Stiver said, "if the BMV approves such pro-deity plates as 'GOD CAN,' the agency has no grounds to reject such plates as 'GOD CANT,' 'GODLESS,' or other more extreme anti-deity plates that have been requested and that most Hoosiers would find offensive."

The BMV's grandfather rule exempts existing plates as long as their owners renew on time.

All states restrict obscenity on vanity plates and have varying rules, but Indiana is among just a few to ban religious references.

Courts have not set uniform guidelines, though a federal judge in Vermont has upheld that state's prohibition of religious references. The Alliance Defense Fund is appealing for a man who sought "JN36TN," short for John 3:16.

Indiana's new rule applies to personalized plates, but not to the 2 million vehicles carrying "In God We Trust" plates -- an option created by the General Assembly, Stiver noted, and which contains the official U.S. motto.

Posted by Marcia Oddi on November 20, 2008 08:37 AM
Posted to Indiana Courts | Indiana Government