Judge rules against 'I believe' license plates

A federal district court ruled Tuesday that the "I Believe" license plate approved by the South Carolina Legislature violates the constitutional separation of church and state and cannot be issued.

In a summary judgment ruling, U.S. District Judge Cameron McGowan Currie said the plate was based on a discriminatory law. "Such a law amounts to state endorsement not only of religion in general, but of a specific sect in particular," Currie said.

The plate featured a cross set against a stained glass window.

Americans United for Separation of Church and State, which served as counsel in the case, praised the decision.

"This is great news," said the Rev. Barry W. Lynn, Americans United executive director, in a statement. "Government must never be allowed to express favored treatment for one faith over others. That's unconstitutional and un-American."

Americans United filed the lawsuit in June 2008 on behalf of four South Carolina clergy, the Rev. Dr. Thomas A. Summers, Rabbi Sanford T. Marcus, the Rev. Dr. Robert M. Knight and the Rev. Dr. Neal Jones, as well as the Hindu American Foundation and the American-Arab Anti-Discrimination Committee.

In legal briefs, Americans United asserted on First Amendment grounds that the plate was unlike other specialty tags offered by the state. The measure authorizing the special plates was passed unanimously by both houses of the Legislature, with support from Lt. Gov. Andre Bauer.

The judge, who singled out Bauer, noted that legislators and other state officials have unnecessarily drawn the state into an expensive lawsuit.

"Whether motivated by sincerely held Christian beliefs or an effort to purchase political capital with religious coin, the result is the same," Currie wrote in her decision.

Bauer, who helped fund the specialty plate and sponsored a petition drive in support of it, was not immediately available for comment Tuesday afternoon but has said the court's actions discriminate against people of faith.

"I believe that every South Carolinian has the right to go to the Department of Motor Vehicles and choose among dozens and dozens of license plates the one particular tag that reflects something they want to share with the rest of the world about their personality and beliefs," Bauer wrote on his Web site. "For those who say proclaiming 'I believe' violates the constitution by giving preference to Christianity, I think the lawsuit and ruling clearly discriminates against persons of faith."

To read the full decision, visit: scd.uscourts.gov.

Reach Adam Parker at 937-5902 or aparker@postandcourier.com.