Saturday, February 06, 2010
ACLU could sue over license plate
A bill to create a plate with an abortion-rights theme is raising debate at the state Capitol.
General Assembly 2011
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RICHMOND -- A lawyer for the American Civil Liberties Union of Virginia has threatened state lawmakers with a lawsuit if they don't approve a proposed state license plate with an abortion-rights theme.
Sen. Janet Howell, D-Fairfax County, is carrying a bill to create a plate bearing the slogans "Trust Women" and "Respect Choice."
Her legislation comes one year after lawmakers approved an anti-abortion plate proposed by then-Sen. Ken Cuccinelli, the current attorney general, that reads "Choose Life."
This week, ACLU attorney Hope Amezquita told members of the Senate Transportation Committee considering Howell's bill that it is "unconstitutional" to permit an anti-abortion plate without allowing "all other viewpoints on the same subject" to be emblazoned on license plates.
Asked later, Cuccinelli said he believes he could successfully defend Virginia against potential litigation. The attorney general led efforts to defund Planned Parenthood when he served in the legislature.
The flap over the plate is the latest conflict in the ongoing abortion battle in Virginia.
This time of year, the General Assembly becomes the arena for combatants alternately trying to limit, or protect, the permissibility of abortions in Virginia through legislation.
Anti-abortion activists have a strong ally in new Gov. Bob McDonnell, who has said he supports stripping Planned Parenthood of any state funding it receives.
And several budget amendments submitted by Republican lawmakers seek to accomplish that goal.
The Virginia League for Planned Parenthood receives government funds for education programs it offers and Medicaid reimbursements for qualified patients it provides health care to.
Like last year's "Choose Life" plate, Howell's plate would be a revenue-sharing plate, meaning a portion of the proceeds from its sale would go to Planned Parenthood.
Similarly, a slice of the money from "Choose Life" plates is routed to an anti-abortion organization.
Jessica Honke, policy director for Planned Parenthood, said funds from the proposed plate would be placed in a "special account" used to cover nonabortion services.
That explanation doesn't alleviate Cuccinelli's concerns about state funds being spent on abortions.
"Dollars are fungible," he said about the potential for co-mingling money.
The "Choose Life" plate is one of about 200 specialized license plates offered in Virginia. Nearly 1,900 of those tags had been sold as of the end of January, a Department of Motor Vehicles spokeswoman said Thursday.
The state typically requires pre-paid orders for 350 specialty plates before a new design is issued. Howell said there is sufficient interest in her plate to exceed that threshold.
Last year, specialized plates generated $7.6 million in state revenues and personalized, or vanity, plates brought in an additional $9.6 million, according to DMV.
