Hill v. Kemp

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In Hill v. Kemp, 478 F.3d 1236 (10th Cir. 2007), the United States Court of Appeals for the Tenth Circuit held that Oklahoma's pro-life[1] specialty license plate charges are "taxes under State law" for the purposes of the Tax Anti-Injunction Act (TIA) and thus the Court affirmed the district court's dismissal of claims of discrimination in offering the plates.

The Court, however, reinstated claims alleging that Oklahoma uses proceeds from its specialty license plate program to fund groups involved in adoption-related activities but impermissibly refuses to fund ORC's own adoption-related efforts solely because of its separate and distinct advocacy in favor of abortion rights. The Court held that the prospective relief sought in this case falls within the scope of Ex parte Young and is not barred by the Eleventh Amendment.


  1. The specialty license plates included slogans "Adoption Creates Families" and "Choose Life."