PFC works to save ‘I Believe’ tag

COLUMBIA — A federal judge on Tuesday ordered the state not to produce or issue “I Believe” license plates approved by lawmakers, ruling the case is a “textbook example” of a constitutional prohibition of government endorsing a specific religion.

Hours later, the president of a Columbia-based faith and policy group, the Palmetto Family Council, said the group is preparing plans to ask the state to create such a license plate for its members under a provision that would bypass the controversy of legislative-ordered plates.

State law allows private groups to have the state issue specialty license plates for their members, as long as the plates meet certain criteria. Palmetto Family Council President Oran Smith said his organization registered the name “I Believe” last year when it looked like the legislation might face legal challenges. He said he is still unsure exactly what the plate might look like or what would be allowed.

U.S. District Court Judge Cameron Currie, who issued a preliminary injunction against issuing the plates in December, on Tuesday issued a permanent injunction, finding the legislation creating the plates violates the Establishment Clause of the U.S. Constitution’s First Amendment and its 14th Amendment.

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Lawmakers authorized the license plates in 2008, requiring that they include the words “I Believe,” as well as a cross and an image depicting a stained glass window.

Gov. Mark Sanford refused to sign the legislation, criticizing lawmakers for being in the license plate business again. Since 1999, the state Department of Motor Vehicles, rather than lawmakers, has been given authority to approve special license plates proposed by sponsoring organizations. The state now has more than 100 special plates.

Americans United filed suit in June 2008 on behalf of four local clergy as well as the Hindu American Foundation and the American-Arab Anti-Discrimination Committee.

The group sought an injunction against the plates being issued, arguing that they not only violated the Establishment Clause but also a constitutional right to free speech because they offered a forum for Christians not available to other religions. They later dropped the free speech argument.

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DMV allows private organizations to ask for license plates but wording is limited to the group’s name and any symbol used must be representative of the group and be approved by the agency.

Oran Smith, president of the Palmetto Family Council, said the group registered the name “I Believe” as a division of its organization so it could apply using that name which would then be on the plate.

“At this point, we are just hoping for the best,” he said.

Bauer said he believes license plates are a matter of choice.

“I believe that every citizen has the constitutional protections of free speech and expression,” he said. “I don’t understand why witnessing for fundamental, enduring values is controversial or threatening.”

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