9/29/2004 06:43:00 PM|||Nathan Moore|||

Good news, I think. A challenge as to the constitutionality of the new Tennessee driver's certificate has failed. Appeals are sure to follow, and are promised by respected Nashville attorney Jerry Gonzalez, who has taken on the case.

A little background, for those who may not know: Tennessee, along with a couple other states, had authorized the issuance of driver's licenses to all individuals (e.g. illegal aliens). To remedy this silly law, once people realized that, hey, driver's licenses are often used as one's primary form of legal identification state side, the Tennessee legislature created the "driver's certificate", which would function solely as authority to operate a motor vehicle, not act as a mode of identification.

The most sensitive among us has come to the conclusion that his is discriminatory. That's right - it's discriminatory, against illegal aliens. I may be a little rusty in this area, but I'm pretty sure that the SCOTUS has not yet decided that illegal aliens are a protected class. Or that a driver's license is a constitutional right. Or, further, in this context, that the right to drive period is a constitutional right. At no point can one argue with a straight face that those here illegally are denied some constitutional protection, especially since they are still able to drive with these certificates.

The certificate law also applies to those who are not here on a permanent basis - those who are here on a student or work visa, for example. The argument that is being made - that the certificates deny equal protection - is simply wrong. The contention that there is a "slippery slope" is utter hyperbole. Gonzalez states

If the state can create criteria such as citizenship or lawful permanent residency for getting a license, what's to stop them from passing a law that says only citizens and lawful permanent residents can enter a courthouse? If you can restrict their right to travel, why can't the state say they're restricted to travel during certain hours? I just don't see where you draw the line.

This isn't a slope being described - it's a legally precarious leap of faith and a rather peculiar brand of paranoia. Especially since the right to travel is not what is at issue. That right is preserved by the certificates, just not in the way that those who feel cross about the immigration laws generally want it to be.

Further complaints, like access to rental cars and problems with identification, are fatuous.

Right to a rental car? Which amendment is that?

|||109650263420424268|||Challenge to Driving Certificates Fails6/24/2005 09:24:28 AM|||Anonymous|||What you forgot, though, is that our brilliant governor lumps us legal taxpayers (those under work and student visas) with the illegal ones! Not just this. The clerks earning minimal wages in the drivers license stations are NOT INS agents and they did not understand immigration laws. They would not give me a certificate for driving that is valid for my entire stay in the US, so I had to renew every year.

You may say, if you don't like it, please leave. Had this been California, I might be fuming but stay. Given this is Tennessee, I can't wait to leave next week! At least I won't have to see my tax money being used to discriminate against me!

Since my tax bill was significantly higher than the median Tennessee tax bill, this is more of a loss to Tennessee, especially since I am going to a *much* better place; taking my specialized skills with me.