Activist 9th Circuit Legislates From Bench — For Fundies!
The evil Ninth Circuit Court of Appeals, which has been slammed repeatedly by fundies and conservatives of all stripes as an “activist court”, has just ruled in favor of fundies. Oops! I thought they legislated from the bench.
Arizona has a program where any organization can get the state to offer a special license plate. The Arizona License Plate Commission had denied the application of fundie whack-jobs Choose Life (who already have special license plates in Florida and other states). The Arizona agency denied the application on the grounds that it was too controversial and that it would give the impression that the state was endorsing the group’s anti-abortion message.
The Court decided that the agency had unfairly denied the group its right to free speech.
As much as I dislike what the fundies are trying to do to America and our rights as citizens, I must agree with the court. The rights of all citizens — even the abhorrent ones — must be protected.
I agree that by putting the emblem on the license plate it gives the impression of state approval, but Arizona should have thought of that before offering the program. There are very few organizations that are free from controversy. This program was bound to cause a conflict. You either have to suck it up and accept every legal organization’s application or deny them all.
I would prefer it if we kept our license plates solely for their original purpose. I don’t see the need to turn them into vehicles (ouch!) for self expression. That would avoid the whole impression of state sponsorship of controversial opinions.
The irony of this case is certainly lost on the fundies. They couldn’t have picked a better court to hear this case. The Ninth Circuit is a staunch defender of our Constitutional rights. This usually works against the fundies, because they are usually scheming to take away our rights. The fundies bleat and bray every time the Ninth Circuit upholds the Constitution. When they finally have a case where their rights have been infringed, this most-hated of courts has come to their rescue.
Do you think they’ll notice the irony? Do you think that maybe they’ll start to understand why the Court has been so adamant in the past? Of course not!