NJ woman's rejected atheist license plate violates First Amendment, lawsuit argues

new jersey license plate

An Associated Press file photo of a New Jersey license plate. A Maurice River Township woman argues for her rejected '8theist' request in a lawsuit.

MAURICE RIVER TWP. — A Cumberland County woman argues that the state Motor Vehicle Commission's alleged denial of issuing an "8THEIST" license plate violated her First Amendment rights, according to a lawsuit filed on Thursday.

Shannon Morgan, of the Leesburg section in Maurice River Township, identifies herself as an atheist, according to the lawsuit, and attempted to personalize her license plate to read "8THEIST."

“There is nothing offensive about being atheist,” Morgan said. “I should be able to express my sincerely held beliefs with a license plate just like everyone else.”

The lawsuit was filed in federal court.

She is represented by Ayesha N. Khan, the legal director for Americans United for Separation of Church and State — a religious liberty watchdog group based in Washington, D.C.

“The state of New Jersey is favoring religion while disparaging non-belief,” said Rev. Barry W. Lynn, executive director of the group.

“This license plate issue may seem like a small matter but it is indicative of a much larger problem — atheists are often treated by the government as second-class citizens,” he added.

When she originally went on the commission’s website to request a personalized license plate last November, according to her lawsuit, her request was allegedly denied by the website because it was deemed objectionable.

Although 8THEIST was allegedly denied, the lawsuit continues, Morgan entered “BAPTIST” as a potential license plate and it was not flagged as objectionable.

“She believes that the commission’s decision to deny her a plate that reads '8THEIST' but to allow her one that reads 'BAPTIST' expresses a preference for theistic religious belief over non-theistic belief,” the lawsuit states.

Morgan allegedly attempted to contact the state Motor Vehicle Commission in November and March, according to the lawsuit, but received no response or explanation for the denial.

"We review every request personally ... and we review them for anything that's offensive of objectionable," said Sandy Grossman, a spokesperson for the Motor Vehicle Commission.

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According to Grossman, commission officials research the meaning of each personal license plate request to review whether it is offensive. If the team of researchers are unaware of the meaning of the license plate, a letter would be sent to the requester.

Although Grossman declined to comment on Morgan’s request because it is a legal matter, she explained that atheist-themed license plates have been issued before.

“We have no objection and continue to issue plates with these types of configurations,” Grossman said.

For relief, Morgan requests that she be allowed "8THEIST" as a license plate and that the commission adopts specific, objective, viewpoint-neutral criteria for license plate denial. She also requests to be reimbursed for attorney fees.

The Motor Vehicle Commission went through a similar battle last August when David Silverman, president of American Atheists and Cranford resident, attempted to get “ATHE1ST" as a license plate — with a numeral “1” instead of the letter “I”.

Silverman was denied his license plate after it was deemed offensive by a Motor Vehicle Commission clerk, according to reports, but the decision was reversed later that month.

“The commission thus has a practice of denying personalized license plates that identify vehicle owners as atheists, thereby discriminating against atheist viewpoints and expressing a preference for theism over non-theism,” Morgan’s lawsuit states after citing Silverman’s experience.

“Although the commission eventually relented and granted Mr. Silverman his requested license plate, it refuses to allow Ms. Morgan’s requested plate.”

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Contact staff writer Don E. Woods at 856-451-1000, ext. 518 or dwoods@southjerseymedia.com

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