American Civil Liberties Union of North Carolina v. Berger

Summary

In 2011, the North Carolina General Assembly authorized an optional “Choose Life” specialty license plate. Citizens who choose the plate pay an additional $25 fee, $15 of which goes to the Carolina Pregnancy Care Fellowship, a private organization that assists pregnant women in North Carolina. The state offers other specialty plates that also fund causes benefitting the state and that are consistent with its public policies. Hundreds of North Carolinians requested the “Choose Life” specialty plates, but before North Carolina could begin issuing them, the American Civil Liberties Union challenged the law. The ACLU argued that the “Choose Life” plate must be censored because the state did not also issue a license plate that encourages abortion, even though encouraging abortions is contrary to the state’s interests and public policy.