Challenge To Illinois Drivers License Rules Survives Motion To Dismiss

In Baer-Stefanov v. White, 2009 U.S. Dist. LEXIS 98132 (ND IL, Oct. 22, 2009), an Illinois federal district court rejected the Illinois Secretary of State's motion to dismiss a lawsuit challenging the Illinois statute and regulations governing issuance of drivers licenses to individuals who have religious objections to furnishing their social security number. The statute and regulations grant an exemption, but only if the applicant includes a statement from his or her religious leader that use of a social security number is against the applicant's faith. Also the statute permits the Secretary of State to determine which religious orders or sects have bona fide religious convictions that prohibit applying for a social security number. Plaintiffs challenged these provisions on free exercise and equal protection grounds, as well as under the Illinois Religious Freedom Restoration Act.