Backers of the plate that was introduced this year counter that it offers residents a chance to affirm the nation's religious heritage while practicing their right to free speech.
Studler, 49, paid $40 for a plate depicting an eagle and the word "environment." Of that, $25 went to a state trust to buy land set aside for conservation or recreational purposes. The remaining $15 went to the state as an administrative fee.
The $15 fee is not charged for the "In God We Trust" plates.
"I'm into the environment. I wanted to make a statement," Studler said. "And for them to just come out and put out a free plate that's a special plate" seems unfair.
"Everybody should either have to pay the fee or they should all be free," he said.
The Bureau of Motor Vehicles offers dozens of specialty plates, supporting organizations from the Indianapolis Colts to arts groups. The "In God We Trust" plate is the only generally available specialty plate exempt from any fee, said Ken Falk, legal director for the ACLU of Indiana, which filed the suit on Studler's behalf in Marion Superior Court.
"We're not complaining about the message," Falk said. "This isn't about religion."
But Curt Smith, president of the Indiana Family Institute, called the challenge misguided. The phrase "In God We Trust" is the national motto, he said, and appears on U.S. currency.
"We mention God in the Declaration of Independence and in many of our founding documents, and so I think it's very appropriate and legitimate to encourage the dissemination of this phrase."
Rep. Woody Burton, R-Greenwood, led the effort in 2006 that created the plate. He has said that judges are chipping away at the Judeo-Christian foundation of America, and he backed the plate to give like-minded residents the chance to show their concern.
Greg Cook, a spokesman for the BMV, said the agency does not promote the "In God We Trust" plate, which generally is available only through license branches and not through mail-in or Internet renewals. He said the plates cost the agency $3.69 each to produce, compared with $3.19 each for the standard state plate.
Falk said the ACLU has received numerous complaints about the fee exemption, with some calling it a violation of church-and-state separation.
Burton said he's confident the fee exemption will survive legal scrutiny.
"Over half a million of these plates have been (distributed). It's the No. 1 plate in the state," he said.
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