Reversing a lower court's decision, a panel of the 2nd Circuit Court of Appeals last week ruled that Vermont may not deny Shawn Byrne's proposed license plate simply because it made religious reference. Associated Press reports:
"The state rejected Byrne's message only because it addressed … areas of otherwise permissible expression from a religious perspective," the appeals court wrote. "This the state cannot do."
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Byrne appealed a September 2007 decision by a federal judge in Burlington, Vt., that rejected his 2005 claim that the state discriminated against him when it rejected his application for a license plate that would read: "JN36TN," a reference to the often-quoted Bible verse John 3:16.It emphasized that its ruling was limited to the state's ban on religious messages, an area where it said the Supreme Court has been "extensive and clear" in its guidance.
You can read the decision here.
