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A Fort Wayne man's challenge of Indiana license plates bearing the message "In God We Trust" was cast down Monday by the Indiana Court of Appeals.
A Marion County judge in April tossed out the lawsuit challenging the plates. The court granted summary judgment in the case, which is akin to a dismissal. Monday's action upheld the April judgment.
The BMV began offering the "In God We Trust" plate in January 2007 as more than 75 options for customers after the Indiana General Assembly created the plate.
The American Civil Liberties Union of Indiana filed suit on behalf of Fort Wayne resident Mark E. Studler.
The lawsuit alleged that the BMV gave preferential treatment to motorists wanting the plates, which also feature the American flag, because they don't have to pay the $15 administrative fee that the agency collects on sales of most other Indiana specialty plates.
The BMV charges the administrative fees in addition to other costs of up to $25, with proceeds supporting the causes of the groups or universities.
"We weren't challenging the message of 'In God We Trust,' just that any other message plate has a cost to it," ACLU-Indiana attorney Ken Falk said in a previous story. He said the trial court accepted the state's argument that the "In God We Trust" plate is a regular plate and not a specialty plate, and therefore not a violation of the Indiana Constitution.
At the time Studler filed the lawsuit, he said he liked the "In God We Trust" plate but it irked him that for years, he has had to pay a $15 administrative fee to the BMV for his specialty environmental plate.
"The display of our material motto, "In God We Trust," on state license plates has found deep support among our fellow citizens," Indiana Attorney General Steve Carter said in a written statement Monday. "So often when there is a reference to a supreme being in the public arena, objections are made. With the court's ruling, those objections have failed and the legislature's will has been sustained."
