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Pro-Life Groups File Brief In Support of
Plate
Beneficiaries of
‘Choose Life’ Plate Seek Court Intervention
Brief Filed Wed., Jan. 21, 2004
Constitutionality of Legislative Initiative Argued
As the primary beneficiary of proceeds from the ‘Choose Life’ specialty
license plate, attorneys for the non-profit New Life Resources filed briefs
today in U.S. District Court seeking to intervene as defendants in the
lawsuit. “Because the pro-abortionists’ suit directly impacts New Life and
holds the potential to harm this outreach program, we will seek to defend
the interests of Tennessee’s at risk women and children by intervening in
the case,” announced Brian Harris, president of New Life Resources.
Pro-abortion groups filed suit in U.S. District Court on November 6, 2003
arguing that the state’s establishment of the ‘Choose Life’ plate was
unconstitutional.
“Contrary to pro-abortion claims, the U.S. Supreme Court has ruled and
affirmed in subsequent decisions that states may, in fact, enact programs
and appropriate funds which favor normal childbirth and adoption over
abortion,” said Harris. “That is exactly what the Legislature has
done by enacting the ‘Choose Life’ plate with proceeds directed to social
service providers across Tennessee.”
In 1977, the U.S. Supreme Court ruled in Maher v. Roe that a state is not
required to fund abortion nor is any state required to show a compelling
interest for its policy choice to favor normal childbirth over abortion.
Former Chief Justice Burger joined the majority and wrote “From time to
time, every state legislature determines that, as a matter of sound public
policy, the government ought to provide certain health and social services
to its citizens. Encouragement of childbirth and child care is not a novel
undertaking in this regard. Various governments, both in this country and in
others, have made such a determination for centuries. In recent times, they
have similarly provided educational services. The decision to provide any
one of these services -- or not to provide them -- is not required by the
Federal Constitution. Nor does the providing of a particular service
require, as a matter of federal constitutional law, the provision of
another.”
The Supreme Court’s ruling in Maher has been upheld and reaffirmed under
subsequent challenges and abortion decisions.
“We are confident that by enacting the ‘Choose Life’ plate and earmarking
proceeds to agencies which help women facing difficult pregnancies, the
state is well within its constitutional bounds,” said Harris. “It is
our intention to provide the most vigorous defense possible for the
enactment of this program. We intend to support the provision of resources
to help Tennessee’s women and families to make the choice for life.”
The Choose Life plate gained overwhelming legislative approval in May of
2003 with votes of 80-14 in the State House and 26-4 in the State Senate.
Supporters later submitted 1,265 paid applications to the state Department
of Safety which was the largest number of applications submitted by any
organization in the shortest amount of time. The plate applications included
motorists from each of the state’s 95 counties.
For More Information:
Thomas Marzen (812) 232-2434
Counsel for New Life Resources
Steve Duggins (423) 899-3210
Counsel for New Life Resources
Brian Harris (615)298-5956
President, New Life Resources
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