South Carolina AG Says Non-Profit Group's "I Believe" Plates Are Constitutional

Last year a federal district court held that a statute authorizing South Carolina's "I Believe" license plates-- carrying the image of a cross superimposed on a stained glass window-- violates the Establishment Clause.  (See prior posting.) Yesterday's Myrtle Beach (SC) Sun News now however reports that state Attorney General Henry McMaster has issued an opinion ruling that a new plan for similar "I Believe" plates is constitutional. Instead of being specially authorized by statute, this time a private non-profit group has applied for issuance of the plates under a general law that allows non-profit groups to apply for creation of specialty plates by paying $4,000 or collecting at least 400 prepaid orders. (SC Code of Laws Sec. 56-3-8000). The proposed new plate has the group's website URL along the top: http://www.ibelievesc.net/. Below it, the plate depicts a golden sunrise and on the left, and three crosses symbolizing the site of Jesus' crucifixion. South Carolina already has authorized 127 different specialty plates, including 21 created by non-profit groups, including one that reads "In Reason We Trust" created by a secular humanist group. The Aug. 16 Attorney General's Opinion reasoned: "The specialty license program has a secular purpose - allowing all nonprofit organizations to identify themselves by a logo or symbol."