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Judge Throws Out BMV 'In God We Trust' Suit (Judge Rejects ACLU Claim)
The Indy Channel ^ | 04/17/08 | Staff

Posted on 04/18/2008 9:48:30 AM PDT by Abathar

INDIANAPOLIS -- A judge has upheld the issuance of Indiana license plates bearing the message "In God We Trust," dismissing a constitutional challenge by the American Civil Liberties Union of Indiana.

Marion Superior Court Judge Gary L. Miller wrote in a 13-page opinion that the plates were comparable to standard plates issued by the Bureau of Motor Vehicles and were created specifically as such by the Legislature.

"Courts are not to second-guess the Indiana General Assembly when it comes to calculations of this sort," Miller wrote, contrasting the In God We Trust plates with other specialty plates that require the payment of administrative fees.

Miller said the issuance of the plates did not violate the section of the Indiana Constitution that forbids the Legislature from granting special privileges or immunities not available to all citizens.

The ruling, issued April 10, denies a motion for summary judgment in the suit by the ACLU on behalf of Mark E. Studler, an Allen County resident who has an Environmental Trust plate for which he had to pay extra fees.

Ken Falk, legal director of the ACLU of Indiana, said Thursday the ruling would be appealed to the Indiana Court of Appeals.

"We're obviously disappointed," Falk said. "It's our position still that the differential treatment afforded between the environmental plate and the `In God We Trust' plate ... is unconstitutional, that the Legislature doesn't have the power to say the In God We Trust plate is free whereas the environmental plate carries an administrative fee.

"We're disappointed but we will continue to maintain our legal argument," Falk said.

The ACLU must file a notice of appeal within 30 days of the court's ruling.

The lawsuit claimed the BMV gave preferential treatment to motorists wanting the plates, which also feature the U.S. flag, because they don't have to pay the $15 administrative fee that the agency collects on sales of most other Indiana specialty plates.

The 2006 legislation creating the plates specified the state could charge no more for the "In God We Trust" plates than for the standard plates.

BMV Commissioner Ron Stiver said Thursday more than 1.6 million people have selected the "In God We Trust" plate since it became available in January 2007 as one of more than 75 options for motorists.

"The BMV will continue its policy to offer all plate designs without promoting any one license plate design over another and will continue to offer the IGWT plate design at no additional charge, as outlined by the Indiana General Assembly," Stiver said.


TOPICS: Culture/Society; News/Current Events; US: Indiana
KEYWORDS: aclu; ingodwetrust; lawsuit; motto
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Ha! Wake up to a Friday earthquake AND an ACLU smackdown.

Memorable way to start a weekend!

1 posted on 04/18/2008 9:48:30 AM PDT by Abathar
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To: Abathar

This goes to show how sick the freaks in the ACLU are, to get all up in arms over this. Not to mention waste of time and resources.

I’m sure these little brats are quite proud of themselves.


2 posted on 04/18/2008 9:51:03 AM PDT by A_Former_Democrat
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To: Abathar
"We're obviously disappointed," Falk said. "It's our position still that the differential treatment afforded between the environmental plate and the `In God We Trust' plate

Not what he intended I'm sure, but he basically admits that environmentalism, in it's current form, is akin to a religious belief.

3 posted on 04/18/2008 9:54:21 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: Abathar
"Courts are not to second-guess the Indiana General Assembly when it comes to calculations of this sort,"

how'd this guy slip in as a judge....Rats must have been asleep.
4 posted on 04/18/2008 9:55:25 AM PDT by stylin19a
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To: Abathar

I’m sure the ACLU would have no problem with a reference to “Ramadan” or the “Koran” on a plate.


5 posted on 04/18/2008 9:57:54 AM PDT by albie
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To: Abathar
"Courts are not to second-guess the Indiana General Assembly when it comes to calculations of this sort," Miller wrote, contrasting the In God We Trust plates with other specialty plates that require the payment of administrative fees.

Judicial restraint and proper understanding of the division of powers? Wow, that's even more important than the actual substance of the ruling itself!

6 posted on 04/18/2008 9:58:40 AM PDT by Titus Quinctius Cincinnatus (Hey they come boys! As thick as grass, and as black as thunder!)
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To: A_Former_Democrat

Actually, they are proud of themselves. I believe they get payed, win or loose. Their funds need to be cut off if they loose a case. Can’t remember where I heard it but I believe the government pays them, win or loose.


7 posted on 04/18/2008 9:59:29 AM PDT by RC2
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To: dead

That is exactly what I got from it myself. I also wanted to note that part of the $15 fee for those plates goes towards environmental causes in the state.

I wonder how loud they would scream if the state did decide to charge a $15 fee just like that and then donate the same amount to religious causes?


8 posted on 04/18/2008 9:59:38 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Abathar
Check out the Indiana State Constitution:

PREAMBLE

TO THE END, that justice be established, public order maintained,
and liberty perpetuated; WE, the People of the State of Indiana,
grateful to

ALMIGHTY GOD

for the free exercise of the right to choose our own form of government,
do ordain this Constitution.
9 posted on 04/18/2008 10:03:13 AM PDT by Hoodat (Bull Moose Party Member)
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To: dead

bttt


10 posted on 04/18/2008 10:05:26 AM PDT by Liberty Valance (Keep a simple manner for a happy life)
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To: Abathar

I’ve got a “In God We Trust” on my pick up.. this year I’ll get one for the car! The ACLU can kiss my A55!


11 posted on 04/18/2008 10:06:50 AM PDT by A. Morgan (VOTE FOR A LIBERAL N' WE'LL BE UP TO OUR NECKS IN ILLEGALS and OUTA' GAS!)
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To: A. Morgan

The “In God We Trust” license appears to be one of the most popular tags here in NWI.


12 posted on 04/18/2008 10:15:34 AM PDT by politicalwit (AKA... A Tradition Continues...Now a Hoosier Freeper)
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To: RC2

I’ve heard it many times on various talk shows, and with no dispute either. Must be true


13 posted on 04/18/2008 10:22:59 AM PDT by devistate one four (ruger p89, the ak47 of pistols)
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To: albie
I’m sure the ACLU would have no problem with a reference to “Ramadan” or the “Koran” on a plate.

That's not the issue. The issue is that this specialty plate is being given preferential treatment because it is religious in nature, in that no specialty plate fee is charged. I think the plaintiff is right, it is preferring people of a religion which is against their constitution. OTOH, of all the nit-picking, BS little things to start a lawsuit over...

14 posted on 04/18/2008 10:38:59 AM PDT by antiRepublicrat
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To: antiRepublicrat

IN context of the Indiana Preamble posted in 9, clearly they didn’t mean that recognition of God was preferring a particular religion, or their constituion itself would be in violation.


15 posted on 04/18/2008 11:02:02 AM PDT by DannyTN
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To: Abathar

The problem is that when all this is over, even if the ACLU loses, they will have cost the taxpayers a lot of cash, that hey have no obligation to refund.


16 posted on 04/18/2008 11:05:14 AM PDT by Hacksaw (I support the San Fran tiger.)
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To: Abathar
What is really ironic about the ACLU suing in these cases is that they get paid by the US taxpayers whether they win or lose. So it is no skin off their nose if they happen to lose. They just keep fighting, getting paid by us as they do. And it keeps them in business.
17 posted on 04/18/2008 11:05:21 AM PDT by rawhide
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To: RC2
Their funds need to be cut off if they loose a case. Can’t remember where I heard it but I believe the government pays them, win or loose.

They collect legal fees if they win, but are under no obligation to reimburse the taxpayers when they lose. That is why they frequently pick on small towns who don't have the funds to fight them (Hazelton, PA, Dover, PA, etc..)

18 posted on 04/18/2008 11:08:02 AM PDT by Hacksaw (I support the San Fran tiger.)
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To: DannyTN
clearly they didn’t mean that recognition of God was preferring a particular religion, or their constituion itself would be in violation.

Everybody knows what religion they're referring to, but that's still not the issue. Religious people don't have to pay the fee for their custom plate, but non-religious people have to pay for the others.

19 posted on 04/18/2008 11:48:28 AM PDT by antiRepublicrat
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To: antiRepublicrat
The ACLU seeks to compare apples and oranges and then complain that they're not the same. As I understand it from a friend at the DMV, The plates for which an administrative fee applies generate $ for the benefit of the chosen cause, requiring that the funds actually be administered. These plates generate no money for God.

Mr. Falk has now lost two huge cases in the last year (the other one complained about the State Legislature opening each session with prayer), meaning that he may actually have to get a job to support himself.

20 posted on 04/18/2008 4:01:25 PM PDT by Mr. Lucky
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