It appears some progress has been made in the suit, as a motion for summary judgment has been filed in Beach’s lawsuit on June 19. The motion is a request for judgment in her favor, contending that all the factual and legal issues are in her favor.
According to the Constitutional Alliance, an organization supporting Beach’s case, the ordeal began when Beach was cited for driving with an expired license in Norman, Oklahoma, because she felt that being forced to renew her driver’s license with biometric information was a violation of her constitutional rights.
Beach’s fight is against the REAL ID and the biometric technology upon which it relies. Those who are issued REAL ID driver’s licenses must submit to fingerprinting and having their picture taken with high resolution digital cameras which capture, map, and digitize their features for use with facial recognition technology.
Beach’s suit focuses on the First, Second, Fourth, Fifth, Ninth, and 14th Amendments, as well as states’ rights, to an extent.
In March 2011, Beach attempted to apply for a renewal driver’s license, when she was informed that she would be required to take a high-resolution digital photograph, and that she would not be able to receive a renewal license without allowing the Department of Public Safety to capture her biometric facial photograph or fingerprints.
Beach had requested an accommodation to allow her to forgo submitting to a digital face photograph based on a religious objection, but was told by the Department of Public Safety that biometrics were required by law and therefore, no exceptions were to be made.
According to the motion, Beach’s decision to abstain from biometric enrollment is “religiously motivated”:
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