Indiana License Plates

[Steve Sanders]

I agree with Dan that it's not clear this is establishment, though for 
analytical purposes, I'm wondering what the best analogy might be.  
Given the aspect of choice, it seems a bit like school vouchers, though 
with religious schools getting an extra measure of subsidy.

In response to Mark's point, is it significant that in this case there 
is an opt-in scheme for various messages, but religion still gets a 
special (financial) preference within that opt-in scheme?

Quoting "Scarberry, Mark" <Mark.Scarberry at pepperdine.edu>:

> Perhaps this should be seen as a response to Wooley v. Maynard. The
> state could not require motorists to display "In God We Trust." Instead
> of instituting an opt out scheme, it instituted an opt in scheme.
>
> Mark S. Scarberry
> Pepperdine University School of Law
>
>
> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Conkle, Daniel
> O.
> Sent: Friday, March 23, 2007 10:15 AM
> To: Law & Religion issues for Law Academics
> Subject: RE: Indiana License Plates
>
> I see Steve's point, but I'm not sure I agree.  Other things equal, I
> would think that the existence of choice (even if skewed to a degree)
> would make the establishment clause claim weaker, not stronger.
> Likewise, the existence of choice suggests that there is an element of
> personal speech here, which likewise might tend to counteract an
> establishment clause argument.  I wonder if the problem--if there is
> one--is the prominence and the novelty of the license plate displays,
> which are partly personal but largely governmental speech and which
> arguably go beyond the bounds of the tradition that supports the
> national motto in other contexts.
>
> Dan Conkle
> *******************************************
> Daniel O. Conkle
> Robert H. McKinney Professor of Law
> Indiana University School of Law
> Bloomington, Indiana  47405
> (812) 855-4331
> fax (812) 855-0555
> e-mail conkle at indiana.edu
> *******************************************
>
>
> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Steve Sanders
> Sent: Friday, March 23, 2007 12:48 PM
> To: religionlaw at lists.ucla.edu
> Subject: RE: Indiana License Plates
>
> Were Indiana to put this same motto on all standard license plates, and
> not offer its citizens any choice in the matter, I think the analogy to
> the currency would be perfectly apt.
>
> But this seems different.  In Indiana, there's a standard plate and
> various optional plates.  If you choose an optional plate to express
> your support for your university, or veterans, or the national guard, or
> DARE, or even "our troops," you pay an extra fee.  But choose the
> optional plate on which you display the government's endorsement of God,
> and the government in effect gives you a subsidy for agreeing to
> propagate that particular religious message.
>
>
> Quoting "Volokh, Eugene" <VOLOKH at law.ucla.edu>:
>
>> 	Well, to the same extent that the motto on currency is
> establishment,
>> or the phrase "Let this be our motto, In God Is Our Trust" in our
>> national anthem is establishment -- which is to say,
> given
>> the courts' caselaw on this, not establishment.
>>
>>> -----Original Message-----
>>> From: religionlaw-bounces at lists.ucla.edu
>>> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Jean Dudley
>>> Sent: Thursday, March 22, 2007 10:10 PM
>>> To: Law & Religion issues for Law Academics
>>> Subject: Indiana License Plates
>>>
>>> Specialty plates cost money;  But not if you want to proclaim your
>>> religiosity on the rear bumper of your car in Indiana.
>>>
>>> http://fauxrealtho.com/2007/03/22/in-god-indiana-trusts/
>>>
>>> The author brings up a very good point:  Indiana has a number of
>>> specialty license plates available, but the "In God We Trust" plates
>>> don't carry the extra fees that all the others do.  Why should those
>>> who identify with religion do so at taxpayer's expense?
>>>
>>> It smacks of establishment of religion, to me.
>>>
>>> Jean Dudley
>>>
>>>
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>
>
>
> _________________________________
>
> Steve Sanders
> E-mail:  stevesan at umich.edu
> _______________________________________________
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>



_________________________________

Steve Sanders
E-mail:  stevesan at umich.edu