WHO: ADF Legal Counsel Jeremy Tedesco and ADF Senior Legal Counsel David Cortman
WHAT: Available for media interviews after hearing in Byrne v. Rutledge
WHEN: Monday, Dec. 8, immediately following hearing, which begins at 2 p.m. EST
WHERE: U.S. Court of Appeals for the 2nd Circuit, 500 Pearl St., 9th Floor, Ceremonial Courtroom, New York
NEW YORK — Alliance Defense Fund attorneys Jeremy Tedesco and David Cortman will be available for media interviews following Tedesco’s oral arguments in the U.S. Court of Appeals for the 2nd Circuit Monday in Byrne v. Rutledge. ADF attorneys filed suit against Vermont Department of Motor Vehicles officials, arguing that they unconstitutionally denied a man’s application for a specialty plate because of its religious reference.
“Christians shouldn’t be censored from expressing their beliefs,” said Tedesco. “The DMV cannot send the message that religious speech is inferior to other speech by prohibiting personalized plates with Christian references while allowing other points of view. That’s illegal viewpoint discrimination.”
The DMV has approved applications for other plates that use names and numbers referring to a wide array of topics, including religion and secular belief systems.
In April 2004, Shawn Byrne submitted his application for a specialty plate with references to the Bible verse John 3:16 as his choices. The following month, the DMV sent him a letter stating that the messaging on his application was “deemed to be a combination that refers to deity and has been denied based on that reason.” Byrne unsuccessfully appealed the denial, which an administrative law judge upheld based on a state statute that prohibits combinations referring to “deity.”
“It’s unconstitutional for the DMV to decide that Vermont car owners can identify who they are and what they believe on personalized plates unless what identifies them is their religious beliefs,” Cortman explained. “We trust the court will see the inconsistency.”
ADF attorneys filed suit on Byrne’s behalf in January 2005 and appealed to the 2nd Circuit in October 2007.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
