American Civil Liberties Union of Virginia Because Freedom Can't Protect Itself

Pro-Choice Specialty License Plate

HB 1108 (Brink); SB 704 (Howell, J.D.); SB 18 (Lucas); HB 472 (Carrico)

Committee: House Transportation; Senate Transportation

ACLU Position: Supports (see note)

Summary: Provides for the enactment of a pro-choice specialty license plate displaying the phrase, “Trust Women, Respect Choice.”  The proceeds from the issuance of license plates will go to the Virginia League of Planned Parenthood to provide women with family planning and prevention services, but not abortions.

Note: The ACLU of Virginia opposes, on First Amendment grounds, the process by which legislators are allowed to accept or reject specialty license plates based on the messages they contain.  We recommend that DMV administer the specialty license plate program using rules that prohibit viewpoint discrimination.  Although the ACLU generally opposes all specialty license plates created by this legislative process, we support the pro-choice plate because an anti-choice plate was approved in the 2009 legislative session. We believe that once one viewpoint on a particular subject is allowed on a specialty plate, all other viewpoints on the same subject must be allowed as well.

Status: HB 1108 passed the House with an amendment diverting the funds from Virginia Planned Parenthood to the Virginia Pregnant Women Support Fund (77-Y, 22-N) on Feb. 16. Killed by the Senate Transportation committee (6-Y, 7-N) on Mar. 4.

HB 472 amended to include introduced language from HB 1108 and passed the Senate (26-Y, 11-N) on Mar. 10.  The House rejected the Senate amendment (38-Y, 57-N) on Mar. 11. The Senate agrees to the Conference Committee report (22-Y, 15-N), but the House rejects the report (33-Y, 62-N) on Mar. 13.

SB 704 incorporated into the Senate omnibus specialty license plate bill, SB 18 which passed the Senate (26-Y, 8-N) on Feb. 16.  Passed the House with a floor amendment diverting funds from Planned Parenthood (81-Y, 15-N) on Mar. 1.  The Senate rejected the House amendment (13-Y, 22-N) on Mar. 4.  The Conference Committee report authorizes a pro-choice license plate with funds going to Planned Parenthood.  Senate (22-Y, 15-N) and House (64-Y, 30-N) agree to conference report on March 13.  Governor sent recommendations to the Senate on April 13.  Governor’s amendment agreed to by the Senate (38-Y, 0-N) and House (78-Y, 7-N) on April 21, 2010.