Court upholds ‘God’ plates in Indiana

Posted on November 18, 2008

ACLU unsure what their next move will be on this.

In a statement on the ruling, Indiana Attorney General Steve Carter said that “In God We Trust” — the motto found on U.S. currency — “has found deep support among our fellow citizens.”

The American Civil Liberties Union of Indiana had challenged the “God” plate fees on behalf of Mark E. Studler, an Allen County resident who has an Environmental Trust plate for which he had to pay extra fees.Ken Falk, the legal director of the ACLU of Indiana, said the group is not yet sure whether it will appeal the appellate ruling.

The ACLU’s lawsuit claimed the Bureau of Motor Vehicles gave preferential treatment to motorists wanting the “God” plate that also features the U.S. flag because they don’t have to pay the $15 fee the BMV collects on sales of most other Indiana specialty plates.

A part of the state code called Chapter 25 governs special group recognition plates. The state’s system deems some plates as Chapter 25, and the others as non-Chapter 25 plates, although which fees are required depends on the plate being bought.

Studler had argued that the state’s license plate system was arbitrary because under it people who buy either the “Hoosier Veteran” and “Support Our Troops” plates are required to pay a “group fee” but not the administrative fee. Group fees typically benefit a specific cause.

The ACLU lawsuit also noted that the state has two specialty license plates — “Huntington University” and “IPFW” — under which buyers must pay the administrative fee but not the group fee.The appeals court found that it was “reasonable” for lawmakers to exempt the two military-related plates from the administrative fee, in part because doing so encourages donations to a military family relief fund.

And the court found that Huntington University and IPFW administrators had opted not to charge the group fee for their plates, an option that’s in line with lawmakers’ decision to allow colleges and universities — not the BMV — to decide whether to charge that fee.

It is a shame money was wasted on a lawsuit of this kind to begin with. The ACLU did not base their argument on a church state violation claim, but on a discrimination claim. They lost because the court found no discrimination. Sounds pretty open and closed to me, but I’m sure some will disagree.