Pastor Loses Claim That Oklahoma License Plates Force Him To Display Image That Violates His Beliefs

In Cressman v. Thompson, (WD OK, Jan. 14, 2014), a Oklahoma federal district court rejected plaintiff's 1st Amendment compelled speech challenge to the design of Oklahoma license plates.  The plates carry an image of a Native American shooting a bow-and-arrow.  Plaintiff, a United Methodist pastor, claims the image is that of the Sacred Rain Arrow statue and conveys a message contrary to his Christian religious beliefs. He argues that the statue retells the story of a Native American who believes in sacred objects, multiple deities, the divinity of nature and the ability to use sacred objects to convince gods to change nature. The court ruled however that:

a reasonable observer would not be likely to conclude that an identifiable message was conveyed simply from the inclusion of the image on the standard state license plate. Without further research, it is simply a depiction of an Indian shooting a bow and arrow. A reasonable observer, even one living in Oklahoma, would not be likely to know of Allen Houser’s intentions or thoughts in creating the “Sacred Rain Arrow” statue or of the legend behind it, even if the observer assumed the image was an exact replica of the statue. The average Oklahoman or other reasonable observer is unlikely to have seen the specific background information plaintiff submitted or to have made the connection to the plate that plaintiff relies on.

AP reports on the decision. (See prior related posting.)