Does South Carolinas religious license plate law violate the First Amendment?
Clearly the state itself was involved in choosing to have created a specifically Christian plate. This is not some generic reference to God. It’s a very specific, and obviously Christian, plate – that’s what the cross and the stained glass window represent. Government has to be neutral on religious matters, not give preference to Christianity. Q: Is this a freedom of speech issue? A: That’s a total mischaracterization. The state is involved here. South Carolina cannot embrace or promote religion. A genuine free speech issue would be when those people, organizations – religious or otherwise – go to the Department of Motor Vehicles and get their special plates and don’t involve anybody but themselves and the Department of Motor Vehicles. They do not go to the legislature. Those plates cannot have symbols. They can’t have messages. You couldn’t go to the Department of Motor Vehicles and get a plate that says, “I don’t believe in God.” That’s not permissible, because you can’t have message
