Editor’s note: On Aug. 16, 2005, U.S. District Judge Claire Eagan dismissed the plaintiffs’ lawsuit challenging Oklahoma’s “Choose Life” license plates, saying her court did not have jurisdiction to consider the legal action. Eagan found that the extra money charged for the specialty tags were taxes instead of regulatory fees and that the plaintiffs must go to Oklahoma state courts to complain of any rights violation caused by such taxes.

TULSA, Okla. — Abortion-rights supporters have sued state officials claiming "Choose Life" license plates violate the constitutional rights of those who don't oppose the procedure.

The lawsuit filed Jan. 14 in U.S. District Court also claims distribution of funds from the specialty plates discriminates against pregnancy counseling agencies that discuss or provide abortions.

"The Legislature has failed to entertain any attempt ... to introduce legislation asking for a plate to be available for those who like to express a differing political view," said Martha Hardwick, local counsel for the plaintiffs.

The lawsuit names as defendants the Oklahoma Tax Commission, which makes the license plates, and Treasurer Robert Butkin and Department of Human Services Director Howard Hendricks, who oversee distribution of the funds.

Paula Ross, spokeswoman for the tax commission, said the commissioners hadn't seen the lawsuit yet and would not comment directly on it. However, she said the commission is just following state law in issuing the plates.

The other agencies, Butkin and Hendricks did not immediately return phone calls seeking comment. State Rep. Thad Balkman, R-Norman, who sponsored the legislation creating the plates, also did not return a call to his home.

The Center for Reproductive Rights, the Oklahoma Religious Coalition for Reproductive Choice and six individuals are listed as plaintiffs.

The lawsuit claims the license plates, which feature the slogan often used by anti-abortion groups, and the funding system violate free-speech, due-process and equal-protection rights guaranteed in the U.S Constitution.

The plaintiffs want a federal judge to declare the plates and the distribution of plate funds unconstitutional, temporarily halt distribution of any more "Choose Life" plates and require the state to provide plates expressing support for abortion rights.

The specialty plates, part of legislation former Gov. Frank Keating signed in May 2002, can be purchased for $25. Critics complained that the license plates made it appear the state was endorsing the anti-abortion message.

But supporters say the statement is not political and argue that the program raises money for troubled pregnant women.

Plate proceeds are distributed to Oklahoma pregnancy counseling groups, but the law says money cannot go to agencies that perform abortions or provide information about them.

That is "unconstitutionally restrictive because it discriminates against the free speech of those that want to suggest or talk about a perfectly legal activity," Hardwick said.

Numerous other states also provide "Choose Life" plates, and many similar lawsuits have been filed.

Last year, federal judges in South Carolina and Louisiana ruled that the plates violate the free-speech rights of abortion-rights supporters.

The 5th U.S. Circuit Court of Appeals ruled in the Louisiana case that abortion-rights advocates had no standing to sue that state over its anti-abortion plate.

The case was sent back to a Louisiana federal judge who broadened his ruling saying the plates violated the First Amendment because the state allowed the anti-abortion plates but didn't offer one for the opposing view.