12/19/2005

'Choose Life' Lawsuit against Gov. Pataki
AG Spitzer and DMV to be heard in 2nd Circuit Court of Appeals Today

NEW YORK, Dec. 19 /Christian Wire Service/ -- On Monday, December 19 at 10:00 a.m., the 2nd Circuit Court of Appeals located in New York City will hear arguments from the Alliance Defense Fund attorneys representing The Children First Foundation and from the State attorneys representing Governor George Pataki, Attorney General Eliot Spitzer and Commissioner of the Department of Motor Vehicles, Raymond Martinez.

The Children First Foundation is suing the State in federal court for violating the organization's constitutionally protected civil liberties regarding freedom of speech and equal treatment under the law. The State is arguing that the words "Choose Life" on the specialty plate are "patently offensive." In January 2005, a federal judge ruled that CFF had sufficiently alleged constitutional violations. But attorneys for the New York State government officials have continued to block and delay CFF's federal lawsuit from going forward by appealing the federal court decision to the 2nd Circuit Court of Appeals.

"This case should be of great interest and concern to all New Yorkers, whether they are pro-life or not, because New York has always vigorously defended freedom of speech and equal treatment under the law for every citizen, not just some, " said Dr. Elizabeth Rex, President of The Children First Foundation.

"What is utterly and 'patently offensive' is that Governor Pataki, Attorney General Spitzer, and the DMV are all involved in violating the Constitution, abusing their political offices and wasting tens of thousands of taxpayer dollars defending an absolutely egregious case of government censorship and discrimination," said Dr. Rex.

The "Choose Life" license plate originated in Florida and has been approved in 12 other states. More than 60,000 motorists have now raised over $5 million dollars to help fund pregnancy resource centers and maternity homes that help women choose life and consider adoption for an unplanned pregnancy.

The New York State DMV has approved over 200 plates for organizations that range from political labor unions like the AFL-CIO, to religious organizations like the Knights of Columbus, as well as many other diverse and controversial organizations, including the Masons and the New York Racing Association.

"I urge both Governor Pataki and Attorney General Spitzer to immediately settle this civil rights lawsuit against the State and to approve our organization's pro-adoption specialty plate without any further costly legal delays," added Dr. Rex. "No one is above the law, and Governor Pataki and Attorney General Spitzer must themselves defend the civil liberties of all New Yorkers, not just those they personally agree with or favor."