COLUMBIA, South Carolina (Press Release)–A federal district court ruled Tuesday that a special Christian license plate mandated by the South Carolina legislature violates the constitutional separation of church and state.
U.S. District Judge Cameron McGowan Currie held that the plate, which was to feature a large yellow cross, a stained-glass window and the words “I Believe,” clearly gives favored government treatment to one faith. In a summary judgment ruling, she ordered state officials not to issue the plate.
Americans United for Separation of Church and State, which served as counsel in the case, praised the decision.
“This is great news,” said the Rev. Barry W. Lynn, Americans United executive director. “Government must never be allowed to express favored treatment for one faith over others. That’s unconstitutional and un-American.
“Some officials seem to want to use religion as a political football,” Lynn said. “That’s an appalling misuse of governmental authority, and I am thrilled that the judge put a stop to it.”
Americans United brought the Summers v. Adams legal challenge in June 2008 on behalf of four local clergy — the Rev. Dr. Thomas A. Summers, Rabbi Sanford T. Marcus, the Rev. Dr. Robert M. Knight and the Rev. Dr. Neal Jones as well as the Hindu American Foundation and the American-Arab Anti-Discrimination Committee.
In legal briefs, AU asserted that the “I Believe” license plate was unlike other specialty tags offered by the state. The measure authorizing the special plates was passed unanimously by both houses of the legislature, with the active support of Lt. Gov. Andre Bauer.
Americans United also pointed out that some legislators openly admitted that they would not vote for similar plates for minority faiths.
In finding the sectarian plate unconstitutional, Judge Currie held, “Such a law amounts to state endorsement not only of religion in general, but of a specific sect in particular.”
The judge noted that legislators and other state officials have unnecessarily drawn the state into an expensive lawsuit.
“Whether motivated by sincerely held Christian beliefs or an effort to purchase political capital with religious coin, the result is the same,” Currie wrote. “The statute is clearly unconstitutional and defense of its implementation has embroiled the state in unnecessary (and expensive) litigation.” (Read the full decision here: http://www.scd.uscourts.gov/)
Americans United Legal Counsel Ayesha N. Khan was pleased with the court’s decision.
“Government must never be allowed to play favorites when it comes to religion,” said Khan. “That’s a fundamental constitutional rule, and I am delighted that the judge has reminded South Carolina officials of that fact.”
Khan argued the case in Columbia before Judge Currie, assisted by AU Madison Fellow Elizabeth J. Stevens. Aaron J. Kozloski of Capitol Counsel, a Columbia, S.C. law firm, served as local counsel.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
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Preceding provided by Americans United for Separation of Church and State