Lawsuit over religious license plates dismissed by federal judge in Mississippi

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A federal judge dismissed a lawsuit from humanist and atheist groups over Mississippi’s “In God We Trust” slogan on the state license plate. The suit alleged that the slogan violated the First Amendment, including freedom of speech and religion. 

Key Players

Phil Bryant (R) served as Mississippi’s 64th governor from 2012 to 2020. Bryant supported various controversial pieces of legislation, from anti-abortion to so-called religious freedom bills. 

The Mississippi Humanist Association (MHA) is a nonreligious “democratic organization that works to build a strong secular social community in Mississippi.” 

American Atheists, a nonprofit organization comprising more than 3,500 members, advocates for the separation of church and state and is dedicated to protecting the civil liberties of atheists. 

Further Details

In April 2014, then-Gov. Bryant signed SB 2681 into law, known as the Mississippi Religious Freedom Restoration Act, which stated that the “state action shall not substantially burden a person’s right to the exercise of religion” and, among other provisions, added “In God We Trust” to the state seal. 

In his State of the State address, Bryant announced, “I continue to believe this is the right time to stand for our beliefs—our faith, our families and our nation. To strengthen our resolve, I have asked that we take a bold step for God and country. I have called on Senator Michael Watson to introduce legislation that would change the wording on the Great Seal of the State of Mississippi to reflect our nation’s motto.” 

In May 2018, Bryant announced that the new seal, with the phrase “In God We Trust,” would appear on state license plates starting in January 2019, with the exception of those on RVs, motorcycles, or trailers. Drivers who did not want their vehicles to bear the message would have to pay a fee for a specialty tag. 

“Mississippi has a brand new license plate, but out-of-state liberals hate it,” then-Lt Gov. Tate Reeves (R) stated in 2019, during his gubernatorial campaign. “It’s because of these four words: ‘In God We Trust.’ The liberals from California and Washington are threatening to take Mississippi to court just because of this license plate. I know Mississippi’s values are Mississippi’s strength. Our next governor must defend our values every single day.”

In June 2021, the MHA, American Atheists, and three individuals filed a federal lawsuit against the state, arguing that forcing them to display an “explicitly religious message” or otherwise pay a penalty, violated their freedom of speech and religion by forcing them to “engage in an activity that violates their sincerely held beliefs” and coerces “them to engage in religious exercise to which they object.” 

The foundation of the lawsuit’s argument was based on the notion that “no state may force a person to be a mouthpiece for the government’s preferred message,” calling for an injunction requiring Mississippi to offer an alternative neutral license plate without imposing additional fees. 

The lawsuit says opposition to the phrase was related to a “long and substantial history of hostility toward atheists and other non-Christians.” 

One of the individual plaintiffs, Derenda Hancock, “describes herself as a radical atheist. She objects to displaying ‘IN GOD WE TRUST’ on her vehicle because she objects to advertising a deity that she believes does not exist.” 

The MHA said it believed it is “morally imperative that government must treat all individuals equally, without regard to religious viewpoint, and that government action must not be motivated by religious claims.”

Outcome 

Federal judge rules on lawsuit, denies motion for injunction

On March 2, 2023, U.S. District Judge Carlton W. Reeves, nominated by former President Barack Obama, denied the plaintiffs’ motion for an injunction to establish a neutral license plate. 

Reeves acknowledged that the plaintiffs had indeed articulated a Free Speech violation, but that they were not entitled to nonreligious plates, consistent with the U.S. Supreme Court ruling in Wooley v. Maynard, which allowed New Hampshire drivers to cover the phrase “Live Free or Die” on their plates. 

“Given the similarities between that case and our own, resolving the Plaintiffs’ claims any differently than Wooley might invite error,” Reeves wrote. “It is instead up to the Supreme Court to decide whether it wishes to enforce the Plaintiffs’ free exercise rights in a different manner.”