9th Circuit: denial of Ariz. ‘Choose Life’ license plates is a ‘violation of the First Amendment’

SAN FRANCISCO — The U.S. Court of Appeals for the 9th Circuit ruled Monday that Arizona officials violated the First Amendment rights of an Arizona pro-life group when they denied the group’s application for a specialty license plate featuring the words “Choose Life.”  Attorneys from the Alliance Defense Fund and the Center for Arizona Policy represented the plaintiffs in the case, Arizona Life Coalition.

“Pro-life advocates shouldn’t be discriminated against for their beliefs,” said ADF Senior Legal Counsel Jeff Shafer.  “Today’s decision from the 9th Circuit reinforces that if the state opens the door for expression by a class of speakers, it may not then slam the door on those whose messages it prefers be kept from public view.”

In 2002, the Arizona Life Coalition, a 100,000-member organization, applied for a specialty license plate with the slogan “Choose Life.”  The Arizona License Plate Commission, which oversees such requests, denied the application.  Specialty plates have been granted for other non-profit organizations, including the University of Phoenix Alumni Network, the Fraternal Order of Police, and the Wildlife Conservation Council, through a special program offered by the state.

In September 2003, ADF attorneys filed suit jointly with the Center for Arizona Policy on behalf of Arizona Life Coalition.

In its ruling, the 9th Circuit stated, “By denying Life Coalition’s application…the Commission ignored its statutory mandate and acted unreasonably in violation of the First Amendment to the United States Constitution.”

On Jan. 23, ADF attorneys won a similar case in Missouri in the case Choose Life of Missouri v. Vincent.

“The government may not arbitrarily exclude pro-life viewpoints from forums opened to just this sort of public discourse,” said Shafer.  “It is our hope that this victory will have a positive impact on similar cases underway nationwide.”

ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.