Even so, the case offers the high court an opportunity to address recurring questions of tax law and legislative privilege. Every state permits its motorists to buy specialty or "vanity" license plates. The pending case arose five years ago when the Oklahoma legislature authorized the manufacture and sale of a $35 plate bearing the message, "Choose Life," or as an alternative, "Adoption Creates Families."
Proceeds from these sales were to be apportioned statewide for the promotion of the adoption of unwanted children. Specifically, no organization could share in the license sales if it were "involved or associated with any abortion activities, including counseling for or referrals to abortion activities, including counseling for or referrals to abortion clinics, providing medical-abortion related procedures, or pro-abortion advertising."
Advocates of "planned parenthood" naturally were offended. Few of them are passionately in favor of abortion as a solution to every unwanted pregnancy, but they accept abortion as a last resort after efforts at counseling and adoption have failed. They sought legislative relief. Their efforts failed. They pleaded the First Amendment. No one listened.
Gov. Brad Henry gave the plaintiffs no help. In his subsequent brief in the Supreme Court, he says: "The state has in no way attempted to silence petitioners from any speech related activity. They are still free to place their viewpoint on any bumper stickers they desire. Indeed, they could paint their entire car with slogans and/or viewpoint speech if they so desired. The state is merely advocating a particular viewpoint which its current political electorate has determined to be favored."
Thus rebuffed by politicians, the petitioners turned seriously to the courts. They lost at every level. Finally, last March, Judge Neil Gorsuch spoke for a panel of the 10th Circuit: "We have no qualms finding in this case that the primary purpose of the special license plate scheme is revenue rather than regulation and thus that it qualifies as a 'tax.'" From that opinion Harold Hill and his co-plaintiffs now seek a hearing in the high court.
It will be surprising if the Supremes decide to venture into this briar patch. We will know in a week or two. Meanwhile, students of American anthropology could find a treasure trove in the appendix to this lawsuit. It appears that Oklahoma has issued special license plates not only for Choose Life, but also for an amazing variety of petitioners.
The list begins with special plates for Round and Square Dancers, Balloonists, Certified Public Accountants, Bicyclists, Electric Linemen and Retired Officers of the Highway Patrol.
Members of the Masonic Order have a plate. So, too, with the Shriners, Knights of Columbus, Jaycees, Kiwanians, Rotarians and the Benevolent Protective Order of Elks. Under the Oklahoma law, "any person wishing to demonstrate support for the National Association for the Advancement of Colored People" may purchase a special license. So, too, with the National Rifle Association, Ducks Unlimited, the Oklahoma Mustang Club, and the Order of the Eastern Star.
Oklahoma will sell you a special plate on proof of membership in Alpha Kappa Alpha, Delta Sigma Theta, Omega Psi Phi, Alpha Phi Alpha, Kappa Alpha Psi, Zeta Phi Beta, Sigma Gamma Rho and the Four-H Club.
There are plates for Lions, Future Farmers, Girl Scouts, Boy Scouts and members of the Oklahoma Quarter Horse Association. If you support the zoo or the Oklahoma Aquarium, there's a plate for you. There's a plate for friends of art education. Publicly an Oklahoma motorist may fight breast cancer, support the Safe Kids Association, and whoop it up for the Northern Cherokee Association and the Pride of Broken Arrow Marching Band.
Under the circumstances, it's no wonder the folks at Planned Parenthood felt left out. The Supreme Court may not hear their case, but in Oklahoma their cause may go motoring on. (How??? and we never mention tax law or legislative privilege)
(Letters to Mr. Kilpatrick should be sent by email to kilpatjj@aol.com.)
