Friday, October 08, 2010

Suit Challenges Kentucky's Rejection of In God We Trust License Plates

Fox News and Fox 41 this week reported on a lawsuit that has been filed in state court in Kentucky by an anti-pornography group known as ROCK ("Reclaim Our Culture Kentuckiana") challenging a 2008 denial by the state's Transportation Cabinet of ROCK's application for issuance of an "In God We Trust" specialty license plate. The state cited three reasons for refusing the request: the plate would not readily identify the motor vehicle operator as a member or supporter of ROCK; the legislature had previously considered, but not passed, legislation to authorize a similar plate; and the relevant Kentucky statute (KRS Sec. 186.164(9)) bars creating specialty plates for any group that has as its primary purpose the promotion of any specific faith, religion, or non-religion.  Last week, in its memorandum (full text) supporting its motion for summary judgment, ROCK argued that while it promotes Judeo-Christian principles, it does not promote any specific religion. It also argues that the statute's exclusion of religious groups violates the Equal Protection clause. (See prior related posting.)