Utah State Tax Commission Administrative Law Judge Jane Phan ruled against the state, saying there was no good reason to prevent the Park City woman from having that plate or another one saying, "GAYRYTS."The state DMV had tried to block the plates based on provisions in state law that place restrictions on their contents. Therefore, the DMV maintained, license plates are not a "public forum."
"The narrow issue before us is whether a reasonable person would believe the terms 'gays are ok' and 'gay rights' are, themselves, offensive to good taste and decency. It is the conclusion of the commission that a reasonable person would not," Phan wrote.
Judge Phan agreed with that contention but ruled that the restrictions only apply to proposed vanity plates containing the words or subject matter specified by the statute, which Solomon's did not. The state's other contentions, that the proposed plates "relate to sexual functions" (Which part? "Gay?" Or maybe in Utah "Okay" is slang for something kinky.) and "express superiority of gender" (I wonder if they'd object to one that read "STRAIGHT?") were also tossed by Phan.
The DMV actually undermined its own case earlier on when it reversed its initial rejection of Solomon's third proposed plate, GAYWEGO. No matter; Solomon is a good troublemaker:
"I said, 'Oh, no, no, I want all of them,'" she said Wednesday. "You're not getting off this easy."The state has 30 days to file an appeal.
If and when Solomon is ever allowed to display her gay rights vanity plate, she fully expects her vehicle to be vandalized.Definitely a true American hero.
"I'm very prepared to have my car keyed and my tires slashed," she said. "I'll just get it fixed. It won't stop me, I'll buy more cars and get more plates."
Footnote: Just in case you missed in while wading through Karl Rove stories, last week
Canada formally became the fourth country in the world to legalize gay marriages on Wednesday after the country's Senate overwhelmingly approved the legislation.Brazil has also recognized same-sex marriages under provisions for common-law marriages.
Belgium, the Netherlands and Spain already permit same-sex marriages, and a number of Canadian provinces have been allowing such legal unions for some time.
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