On behalf of three ministers, a rabbi and a Hindu organization, Americans United for Separation of Church and State yesterday filed suit in federal court in South Carolina challenging the state's newly authorized "I Believe" specialty license plate. (AU press release.) The complaint (full text) alleges that the plate, featuring a cross superimposed on a stained-glass window along with the motto "I Believe", has the purpose and effect of endorsing the Christian religion in violation of the Establishment Clause of the U.S. and South Carolina constitutions. It also alleges that the new plate amounts to unconstitutional viewpoint discrimination in speech.
According to the complaint, after the legislature passed the bill authorizing the new plates, Gov. Mark Sanford allowed it to become law without his signature, indicating that he would have preferred that the plate have gone through the normal channels of approval by the Department of Motor Vehicles after a request by a private organization for its issuance. However Lt. Gov. Andre Bauer wants to see the plates produced immediately, and so has offered to put up the $4000 normally required as an alternative to 400 prepaid orders needed for a specialty plate. He expects the state will reimburse him once enough plates have been sold. SC Now yesterday reported on the lawsuit.
