FRANKFORT, Ky. — A Louisville-based group denied an application to sponsor an “In God We Trust” specialty license plate has filed suit against the state Transportation Cabinet and two lawmakers.
The group, Reclaim Our Culture Kentuckiana, had said in its 2008 application that it would use proceeds from license plate sales to raise awareness about harm caused by pornography and the sex industry. An appeal by the group also stalled in the Legislature after the initial application was turned down.
The Transportation Cabinet denied the group’s application partially on the grounds that the group promotes a “specific faith or religious position.”
The Lexington Herald-Leader reported July 5 that in the cabinet’s response, attorney Allan Weiss of Louisville asked the court to dismiss the complaint because ROCK promotes religion, making the organization ineligible to sponsor a specialty plate under state law.
He noted that in its complaint ROCK defines its purpose as “to defend and sustain the Judeo-Christian principles upon which our country was founded and create a wholesome environment in which all families can flourish.”
Weiss also said the complaint was invalid because the cabinet has sovereign immunity from such lawsuits.
Mark Brown, a spokesman for the cabinet, declined to comment further about the lawsuit, which was filed in March.
MaryAnn Gramig, director of policy and operations for ROCK, said she did not know how much money her organization might receive from the sale of the plates.
If approved, the plate would cost $34, but purchasers could volunteer to add $10 that would go to ROCK.
Gramig said the money would not go toward ROCK’s operating expenses, adding the state has a strict auditing process guiding how the money is used.
The two legislators named as defendants in ROCK’s lawsuit have not yet responded to the suit. Sen. Ernie Harris, R-Crestwood, and Rep. Hubie Collins, D-Wittensville, are chairmen of the Legislature’s transportation committees.
In interviews with the Herald-Leader last week, Harris said he was sympathetic to ROCK’s efforts. Collins said he supported an “In God We Trust” license plate, but thought it should be sponsored by the state.
“It’s a national motto, and I don’t think any group should be profiting from it,” he said. “ROCK could get a lot of money from it. They wanted the state to sell the plates, and they would get a $10 donation. I didn’t care for that.”
Indiana sold more than 1.6 million “In God We Trust” plates in 2007.
Kentucky offers motorists 18 kinds of specialty plates representing different causes, ranging from breast cancer awareness to spay-neuter pet programs.
ROCK has been trying since November 2007 to sponsor a specialty plate with the national motto.
The cabinet said it turned down ROCK’s application in July 2008 because the group promotes a “specific faith or religious position” and because the group did not identify itself on the plate as its sponsor.
ROCK said the cabinet’s assertions were incorrect because the group’s primary purpose is not the promotion of any specific faith or religion and the cabinet did not give it the opportunity to change the plate’s design to identify itself.
The group’s lawsuit also said the cabinet’s denial was unconstitutional because it discriminated on the basis of religion.
ROCK appealed the cabinet’s denial to the Legislature’s transportation committees, as state law permits.
The Senate Transportation Committee in February passed a resolution overturning the cabinet’s denial of ROCK’s application. The Senate later approved it, but the House Transportation Committee took no action on the appeal.
However, the House committee did unanimously approve legislation proposing a regular state-issued “In God We Trust” license plate. That measure stalled in the full House.