The Abortion Debate on Virginia’s Bumpers

February 08, 2010

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The Abortion Debate on Virginia’s Bumpers

If the state is going to allow an anti-abortion license plate, it must allow a pro-abortion-rights one.

Photo by the Virginia Dept. of Motor Vehicles

Virginia lawmakers are considering a pair of companion bills (SB 704 and HB 1108) that would add yet another vanity license plate to the commonwealth’s extensive collection. This one is giving conservatives indigestion. The new plate would read, “Trust Women | Respect Choice.”

Lawmakers must create the plate lest they face a costly legal challenge they would ultimately lose.

This plate comes in response to one approved last year that reads, “Choose Life.” Proceeds from that plate go to a number of anti-abortion organizations.

Planned Parenthood figured that if opponents of abortion rights could have a special plate, so could supporters. Their proposed plate would raise funds to help the organization provide women’s health services. Roanoke graphic designer Jeff Kennard designed it.

Both bills are still in committee. Lawmakers might as well get it over with and pass them. The legal precedent is clear.

In 2001, the South Carolina legislature authorized a “Choose Life” plate. When it refused to create a pro-abortion-rights plate, Planned Parenthood sued. In a strongly worded decision, the Fourth District Court of Appeals ruled against the state. The court also ordered the state to pay Planned Parenthood’s legal bills, $157,000. The Supreme Court let the decision stand.

If a state wants to allow issue messages on license plates, it cannot pick and choose which messages it likes. Doing so constitutes unconstitutional viewpoint discrimination.

So Virginia lawmakers have a choice. They can do what the Constitution requires or they can reject the new license plate and wait for Planned Parenthood or the American Civil Liberties Union to sue. The commonwealth would lose and probably would have to pay both sides’ hefty legal bills at a time when there is no spare money in Richmond.

That would not bother Attorney General Ken Cuccinelli. He predicts the plate will have a hard time passing the House of Delegates and said that is fine with him.

Something is wrong when Virginia’s top legal officer is rooting for the General Assembly to violate the Constitution and rack up needless legal bills.