South Carolina is moving forward with plans to issue I Believe license plates, complete with an image of the Cross and a stained glass window. Heres an image of the plate

plateAccording to the New York Times, South Carolina has a process by which private groups can "sponsor" a specialty plate, and a number of disparate groups have opted to do so. Had this plate been created by a private sponsor, I think it would arguably pass constitutional muster. The state, in such a case, would merely be offering its plates as a sort of open forum for the expression of any number of private commitments, religious and secular (and even anti-religious). But by taking the initiative to direct the department of licensing to create the plate, the state has, I think, crossed the line into sectarian advocacy. Expect a successful constitutional challenge to this, followed by much wailing and gnashing of teeth from the Religious Right. Of course, thats half the point, right?

Eduardo M. Peñalver is the Allan R. Tessler Dean of the Cornell Law School. The views expressed in the piece are his own, and should not be attributed to Cornell University or Cornell Law School.

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