U.S. SUPREME COURT

The U.S. Supreme Court on Monday let stand a ruling that overturned South Carolina’s attempt to allow “Choose Life” license plates, but anti-abortion activists have not given up the fight.

The justices’ decision means the state may not distribute the tags unless it allows abortion-rights advocates to have plates that espouse their view.

South Carolina argued in court that the plates are “government speech” that entitles it to allow a particular viewpoint without an obligation to include dissenting views.

Otherwise, the state maintained, it would have to allow other counters to public policy plates, such as “God Bless America.”

According to the court filing, 11 other states offer “Choose Life” plates, and lawmakers in 11 additional states are considering them.

“We never opposed the license plates,” said Planned Parenthood spokesman George Johnson. “We just wanted one available to us.” The Legislature refused, he said.

If an abortion-activist message were used, Johnson said his organization would like something like, “Trust Women.”

Planned Parenthood, which filed the lawsuit, argued in court that one-sided political messages on tags infringe on freedom of speech.

Sen. Mike Fair, R-Greenville, pushed through the Senate the amendment that included the controversial anti-abortion tags.

He said Monday he plans to try again.

If a “Choose Death,” plate is what it takes to meet the constitutional requirement, Fair said he would propose new legislation, “if that’s what’s required to satisfy this goofy bunch of black-robe dimwits.”

Johnson had different advice. “If I was an anti-choice legislator, I think my inclination would just be to leave it alone after spending this much money (in court).”

Gov. Mark Sanford, who said he has a long anti-abortion history, would support a new bill, at least in principle, said spokesman Will Folks.

S.C. Attorney General Henry McMaster, whose office argued the case for the state, dismissed the justices’ decision as having more to do with “political correctness than with the constitutionality of the law.”

Yet a federal judge in South Carolina as well as a majority of the 4th Circuit Court of Appeals in Richmond, Va. — widely considered one of the most conservative in the nation — ruled the state law to be unconstitutional under the First Amendment.

In a statement, McMaster called the S.C. law “perfectly sound,” citing other specialty tags. He declined a request for an interview.

South Carolina has 48 special-interest plates, said Department of Motor Vehicles spokeswoman Beth Parks. Last year alone, the state sold 141,012.

“Choose Life” tags were to be sold for $70, with the revenue going toward local crisis pregnancy programs. But none of the tags has been produced, Parks said.

S.C. Citizens for Life director Holly Gatling said the high court’s decision does not settle differences among other federal circuits.

“Constitutional truth now appears to be geographical,” Gatling said.

Donna Lee, a Planned Parenthood attorney who argued the S.C. case, said a Louisiana case cited by anti-abortion activists did not address the merits like the S.C. case.

The Louisiana case dealt with whether the parties who sued had standing to file the case, Lee said. The merits of that case have yet to be decided by the 5th Circuit Court of Appeals, she said.

Still, Florida allowed the tags after its legislature overturned a veto, Gatling said.

“Why is it constitutional to have Choose Life plates sponsored by the state of Florida but not sponsored by the state of South Carolina?” she asked.

The tussle here is unlikely to end.

“I can tell you one thing about the pro-life forces,” Gatling said. “We never give up.”

The Associated Press contributed to this article. Reach LeBlanc at (803) 771-8664 or cleblanc@thestate.com.