License plate flap inevitable

Years ago, when Utah lawmakers first approved a license plate that promotes the state's ski industry, it let the free-expression genie out of the bottle.

Now there are license plates that promote universities, investing in children, finding homes for pets and conserving wildlife. The specialized plates help raise funds and recognition for certain organizations and causes.

License plates provide proof that one has paid his vehicle tax, easily discerned by the stickers attached to the plate. It also identifies vehicles. But in recent years, the license plate has become an extension of a vehicle owner's interests, alma mater, political agenda or profession.

Because the plates have become a means of free expression, attempts by government to limit that expression would invite a constitutional challenge.

This issue came to a head when a Spanish Fork lawmaker proposed a "Choose Life" license plate. That proposal was met with another proposal for a pro-choice license plate. Suddenly, the license plate issue became very messy.

Lawmakers seemingly have two choices: retreat to a single generic state plate or accept the fact that curbs on this expression will likely result in a constitutional challenge.

There is general agreement that license plate choice has gotten out of hand. As many choices as Utah offers, some states give automobile owners twice as many options such as specialty plates for Masonic families, members of the Knights of Columbus and ones decorated with Native American designs.

While these license plates help raise money for certain organizations, it can be argued that the state should not serve as fund-raising broker. Specialty plate holders pay a $25 premium for the privilege, but the Utah State Tax Commission is charged with keeping track of the many varieties of plates, which does cost taxpayer money.

It remains to be seen how the Legislature will address this issue. The safest thing to do is to revert to a generic plate, but vehicle owners who have grown accustomed to choice may well balk at restrictions. Some may even challenge the issue on constitutional grounds.

One thing is certain. The Legislature created this issue when it agreed to variations of the generic license plate. That same body is duty bound to uphold the Constitution, even when it objects to the message someone might want on a license plate. Talk about a policy-making pickle.