Appeals court revives suit in Confederate license plate case

This image provided by the Texas Department of Motor Vehicles shows the design of a proposed Sons of Confederate Veterans license plate. Eleven years ago, when the NAACP stepped up a campaign to remove the Confederate battle flag from statehouses and other government buildings across the South, it found an opponent in then Lt. Gov. Rick Perry. Perry argued that states should honor their history and decide on appropriate displays. A related issue may rise this fall when Texas decides whether to allow specialty license plates featuring the Confederate flag. less This image provided by the Texas Department of Motor Vehicles shows the design of a proposed Sons of Confederate Veterans license plate. Eleven years ago, when the NAACP stepped up a campaign to remove the ... more Photo: Texas Department of Motor Vehicl Photo: Texas Department of Motor Vehicl Image 1 of / 8 Caption Close Appeals court revives suit in Confederate license plate case 1 / 8 Back to Gallery

A federal appeals court has given a Texas group the green light to sue the state over its refusal to issue specialty license plates with Confederate flags.

The ruling by the U.S. 5th Circuit Court of Appeals clears the way for the Sons of Confederate Veterans to move ahead its dispute against the Texas Department of Motor Vehicles.

Tuesday afternoon, the Texas Attorney General's office responded to the federal court's ruling.

"The state will appeal the decision," said Jerry Strickland, a spokesman for Texas Attorney General Greg Abbott.

The nonprofit organization describes itself as working to preserve the memory and reputation of soldiers who fought for the Confederacy during the Civil War.

The Department of Motor Vehicles shot down the request, on the grounds such a license plate would be offensive to some members of the public.

The decision has prompted disappointment from at least one state lawmaker.

"The battle flag is a symbol of Ku Klux Klan repression and violence, not heritage," Sen. Rodney Ellis (D-Houston), said in a statement. "After all, the battle flag never flew over the Texas Capitol and is not one of the Six Flags of Texas. It was instead adopted by the Klan and segregationists as their symbol of hate and opposition to civil rights and equality in the South. This is not a symbol that is worthy of the state's honor."

Earlier in the day, Ellis asked Abbott to take action.

"I urge General Abbott to immediately appeal this decision to the U.S. Supreme Court so that Texas is not put in the position of issuing state-sanctioned license plates glorifying oppression and bigotry," Ellis said.