"Of course, not all drivers choose specialty plates. Motorists may instead choose between two default plates which carry no additional fee."

My impression is that this is a misstatement of the facts, and that there exists only one default plate. That both are free does not make both default.

I welcome being corrected, as I may very well be incorrect, but I always thought of that distinction as a rather important aspect of the plate debate.

I would also point out this case has been brought as a free speech case and not under the establishment clause; at least, this is what the article seems to indicate.

The plate is listed on the state BLV site as one of the few "regular" plates; the state does not use the phrase "default." Also see here and here, where the complaints listed in those blog posts were also raised by the ICLU.

I did not get the sense that this case is being brought as a free speech case; it seems to be one based primarily on establishment clause grounds. But that impression is based solely on the news article since the complaint is not yet available to the public.

From the article:
"The "In God We Trust" license plates that have quickly become a fixture on Indiana roads came under a legal attack Monday claiming the law authorizing them is unconstitutional for favoring that message over those on other plates."

I'm with you that the bulk of complaints from the (oh god, I'm using the term) blogosphere has been on religious grounds, and I know that journalists don't have the best track record in getting legal arguments correct, but that reads like the suit is alleging unlawful viewpoint discrimination.

I don't think there is anything about the "In God We Trust" license plate legislation that gives any support to the idea that it was intended to be an "alternate standard" plate. The IGWT plate statute is at IC 9-18-24.5.

Check out the other 30 or so plates here.

The issue here is whether, by giving away these plates when other special message plates require a fee, the legislature is preferring a religious message over other messages and, if so, whether that's permissible.

Good summary of the issue. I agree that "In God We Trust" is a religious motto, yet I do not believe it violates the original intent of the Establishment Clause. Many years of precedent have established that generic endorsements of religious faith do not constitute an establishment of religion.

The Indy Star has made the complaint available here.
The complaint doesn't mention religion at all. It merely claims that preferring one message over another (regardless of the content, apparently) is a violation of Art. I, Sec. 23 of the Indiana Constitution. That section says:

The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.

Without challenging the religious nature of the preference, I don't think the suit has a chance of winning. I suspect courts will view the General Assembly as having broad, practically unfettered, discretion in how it chooses to design and distribute its license plates.

Wow, that's a fascinating provision to challenge it under. It's a heavily litigated portion of the state constitution, at least in relation to other state con law provisions. Section 23 was intended to prohibit state entanglemen in private profit-seeking ventures and to avoid the creation of monopolies (think of the Indiana canal system). But subqequent precedent has broadened its scope.

I still think it will lose on this challenge. Classifications is the key to section 23 questions and I don't see the ICLU being victorious.

I distinctly remember saying how much I disliked these license plates and you defended their existence :). However, I'm glad to see you've joined my side. My argument is that if we allow one religion to have a free license plate supporting their god, why do we not allow one for all religions or beliefs? Yes it may be a national motto but license plates shouldn't be used as ways to promote a particular religion, especially if they are free of extra charges.

Many of us Hoosiers would love to be able to have a license plate that would and should support our Hoosier pride, which is something we all share and all have in common. The regular default plate with the green field background was supposed to have "Back Home Again" at the bottom when it was up for a vote, however when it became a plate they changed it to the state's website, www.IN.gov ...why not lobby for this to be changed as well?

To clarify - I would not prefer to have one on my own car, yet I do defend their existence and don't see it as a violation of the U.S. Constitution's establishment clause. There may be grounds to challenge it under the state constitution, but I don't think Art. I, Sec. 23 is one of them.

The Establishment Clause bars the establishment of an official state church akin to the Church of England. Optional speciality license plates with mottos found on official currency are a separate issue. (The First Amendment doesn't say anything about God anyway - God and church are not synonymous.)

While everyone has the right to believe what they want (and surely they will). I do not believe that the verses recited in this post have much to do with "In God We Trust."

Shouldn't we would want to be so immersed in our love for God that our outward appearance in all aspects would simply be a natural extension of that love? I think that the verses cited point more toward a holier-than-thou opinion of one's self.

Additionally, to say that "In God We Trust" prefers one religion over another is quite a statement. Many people worship many different gods. The only people that might get their feelings hurt by such a plate are the secular humanists and the pantheists. I believe their numbers to be rather low in rural Indiana.

Not that I don't think the rest of society should bow down to their particular needs, isn't that what is PC now a days?

Finally, based on the HUGE numbers of these plates flying off of the BMV shelves (I myself had to wait while the lovely BMV employee fetched yet another box of the plates) and the mass production of the little suckers, shouldn't we consider the administrative costs of these plates versus the administrative and production costs for the Society of Ginger Separatists plates?

If the administrative cost really isn't any higher, we don't have a case at all, now do we boys?

While everyone has the right to believe what they want (and surely they will)

I'm glad we got that cleared up.

Wow, what a disturbing article. Shall I say to the author. SHAME ON YOU! Take a closer look at the scriptures you mis-used and maybe God will instill in your heart of what the verses are actually talking about. (Matt. 6:1-18 deals stickly with prayer to our Heavenly Father, (Exodus 20:7) and (Deuteronomy 5:11) both of which deal with taking the Lord our God name in vain. My friend, I want you to know today that posting 'In God We Trust' on our license plates is not taking His Holy name in vain. If anything, It's posting that you have put your trust in God. Re-check your article and most importantly your walk with the Lord! I'm a student in a private missionary college in Ohio. I'm not a resident of Indiana but I will stand up for those who are Christians trusting in God!