Vermont Policy On Religious Vanity Plates Upheld Again

A Vermont federal Magistrate Judge has concluded that a challenge to the state Department of Motor Vehicles policy on vanity licence plates should be rejected. The policy prohibits the issuance of plates displaying religious references. Today's Rutland (VT) Herald says that the magistrate's report concluded that "The DMV has the right to prohibit religious messages on license plates provided it does not discriminate based on the particular message or viewpoint." Shawn Byrne, who applied for plates with the number "JN36TN" (referring to the biblical verse John 3:16), already lost his attempt to obtain a preliminary injunction when he first filed the case in 2005. (See prior posting.) Attorneys have until Aug. 27 to file objections to the recent Magistrate's report. Lawyer Jeremy Tedesco said Byrne will continue to press his claim that the state's policy amounts to unconstitutional discrimination against religious viewpoints.

2nd Circuit Hears Arguments In Vermont License Plate Case

The U.S. Second Circuit Court of Appeals yesterday heard oral arguments in Byrne v. Rutledge, a case in which a Vermont federal district court upheld Vermont's policy of refusing to place religious messages of any kind on "vanity" license plates. (See prior posting.) Yesterday's Burlington Free Press reported on the arguments. Appellants claim that the rule amounts to unconstitutional viewpoint discrimination since motorists can obtain vanity plates with letters or numbers that express their non-religious viewpoints on policies. Motorist Shawn Byrne had wanted to obtain a license plate reading "JN36TN," short for John 3:16.

Vt. Limits On Vanity Plates Challenged

Agape Press reported yesterday on a lawsuit filed by the Alliance Defense Fund challenging the restrictions that Vermont places on the types of "Vanity" license plates it will issue. The suit was filed on behalf of Shawn Byrne who had applied for a license plate reading "John316". The reference is to a verse in the New Testament reading: "For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life." Vermont statutes (Title 7, Sec. 304(d)) require the Department of Motor Vehicles to refuse to issue plates with numbers and letters that refer to race, religion, color, deity, ethnic heritage, gender, sexual orientation, disability status, or political affiliation. The lawsuit claims that it is unconstitutional to categorize such religious references as offensive.

2nd Circuit Voids Vermont's "Vanity" License Plate Law That Excludes Religious References

In Byrne v. Rutledge, (2d Cir., Oct. 8, 2010), the U.S. 2nd Circuit Court of Appeals held that Vermont's statute that allows for "vanity" license plates, but does not permit the issuance of plates that refer to a religion or deity, is unconstitutional.  The court concluded that by allowing residents to select combinations of letters and numbers that convey a message on a variety of topics, including statements of personal philosophy, taste, inspirational messages and affiliation with causes, but not allowing religious references, the state has engaged in viewpoint discrimination. The court also found the statute unconstitutional as applied.  In this case, a resident applied for a license plate reading JN36TN. The state refused to issue it because the applicant informed them that he intended the plate to refer to a Biblical verse, John 3:16.  However, had the applicant supplied a secular meaning for the numbers and letters, the state would have issued the plate.  The court found that interpreted this way, the statute fails to further a legitimate governmental interest and constitutes an unreasonable restriction on expression. New York Law Journal reports on the decision.

Vermont Settles Vanity Plate Case After 2nd Circuit Loss

Friday's Washington Examiner reports that the state of Vermont will not seek U.S. Supreme Court review of the 2nd Circuit decision last October invalidating its vanity license plate statute's exclusion of plates with religious rreferences. (See prior posting.) In a settlement reached last week, the state agreed that Vermonter Shawn Byrne will be issued the license plate "JN36TN", intended to refer to the Biblical verse John 3:16. It will also allow others to obtain vanity plates with religious references. In addition, the state will pay Byrne's $150,000 in legal fees.

Court Accepts VT Magistrate's License Plate Recommendations

The Rutland Vermont Herald reports today that federal district court judge J. Garvan Murtha has accepted the Magistrate's Report in Byrne v. Terrill, 2005 WL 2043011 (D.Vt., Aug. 1, 2005). (See prior posting.) Plaintiff is attempting to force the Vermont Department of Motor Vehicles to issue a "vanity" license plate with the number JN36TN, a reference to a Biblical verse. The decision refuses to preliminarily enjoin the DMV from enforcing its regulation against references to religion on license plates. However, it permits plaintiff to attempt to prove that the DMV is violating the equal protection clause or engaging in prohibited viewpoint discrimination by permitting some religious references on license plates and denying others.