NASHVILLE, Tenn. — A judge here has rejected an attempt by state lawyers to throw out a lawsuit against the controversial “Choose Life” license plates.

U.S. District Judge Todd Campbell said in a March 12 ruling that the American Civil Liberties Union has the right to challenge the specialty license plate, which helps generate money for groups close to the anti-abortion movement.

State lawyers, arguing that abortion-rights advocates hadn’t tried hard enough to get their own license plate, wanted the judge to dismiss the case.

Both sides presented arguments March 11, and it took the judge only one day to rule on the state’s motion to dismiss the case.

The ACLU says the Choose Life plate is not Constitutional because the state has granted one group an official forum but not provided an equal opportunity for those with opposing viewpoints.

The judge, while not ruling on the merits of that claim, did say the ACLU’s case should be heard in the courts.

“It means we have a right to proceed in the lawsuit, have standing to raise issues in court, it doesn’t mean he’s decided,” said Nashville attorney George Barrett.

The lawsuit stems from last year’s legislative approval of the Choose Life license plate. A portion of the extra $35 that motorists pay for the specialty plate would go to New Life Resources, an outreach and counseling arm of Tennessee Right to Life. State lawyers are defending the Tennessee law, not the group’s position on abortion.

Brian Harris, president of Tennessee Right to Life, said his group stands behind the special license plate and will defend it in the courts all the way to the Supreme Court, if necessary.

“The Choose Life license plate is a legislative expression of the Tennessee Legislature that articulates the belief in child birth over abortion,” he said. “(Courts have said) the state can favor child birth over abortion.”

Harris said he expected the ruling from Campbell, but was confident the Choose Life plate would ultimately survive challenge in the courts.

The issue is also in the Legislature this year, which is considering changes to the entire specialty license plate program, including one proposal to hand over decisions on new plates to a state commission.

Tennessee offers more than 100 specialty plates benefiting colleges and universities, Ducks Unlimited, the Great Smoky Mountains and a slew of other things. Those seeking a new plate must get legislative approval and 1,000 commitments to buy one before production begins.