The court noted that the governmental message is disseminated by the volunteers who display the specialty plates on their private vehicles: “There is no reason to doubt that a group’s ability to secure a specialty plate amounts to state approval.”

A Tennessee Attorney General’s opinion does not support the issuance of a new “Jesus is Lord” specialty tag.

Sen. Eric Stewart of Belvidere asked the question: Would the establishment of a new specialty earmarked license plate, pursuant to Tenn. Code Ann. §§ 55-4-201, et seq., asserting that “Jesus is Lord” and allocating certain proceeds from the sale of these license plates exclusively to further the mission of a non-profit non-religiously affiliated entity violate any federal or state constitutional provisions, especially the provisions against the establishment of religion?

An opinion from the office of Attorney General Robert Cooper said it would.

The opinion says:

Yes, we think a court would conclude that the establishment of a new specialty earmarked license plate asserting that “Jesus is Lord” violates the federal and state constitutional provisions against the establishment of religion.

ANALYSIS

This Office has been asked to opine on the constitutional validity of establishing a new specialty earmarked license plate, pursuant to Tenn. Code Ann. §§ 55-4-201, et seq., asserting that “Jesus is Lord.” The funds produced from the sale of the new license plates would be allocated exclusively to further the mission of a non-profit, non-religiously affiliated entity, such as the Children’s Advocacy Center.
Portions of the analysis in prior Attorney General opinions concerning specialty earmarked license plates involving religiously affiliated entities and messages are applicable to the present question.

In Op. Tenn. Att’y Gen. 10-34 (March 16, 2010), this Office opined that, under current law, a court would conclude that the establishment of a new specialty earmarked license plate recognizing Catholic Charities would be found by a court to violate the federal and state constitutional provisions prohibiting the establishment of religion.