Written by Don ByrdYesterday, a federal judge in Oklahoma dismissed a lawsuit challenging the constitutionality of the state’s license plate featuring a Native American image. The plaintiff Keith Cressman, a Methodist pastor, argued the image is based on a statue of an archer shooting a sacred arrow as a prayer for rain. Placing it on state license plates conveys a religious message, his suit claimed, in violation of the separation of church and state.
Written by Don ByrdOklahoma license plates featuring a Native American sculpture may amount to an inappropriate state endorsement of religion, according to a 10th Circuit decision, overturning a trial court’s dismissal of the complaint. The plaintiff, Keith Cressman, is a Christian who argues the requirement to display the image constitutes a violation of his First Amendment rights. The state will not allow him to cover the image, and charges an additional fee for any other plate.
The lower court threw out Mr. Cressman’s complaint without allowing discovery, finding that the image is not perceived by others as a specific message. The Appeals Court disagreed that the court could make that determination without allowing the discovery process to go forward.
