Man Must Give Social Security Number to DMV, Court Rules

The Constitution doesn’t guarantee the right to drive a car, so California can deny a driver’s license to a man who won’t disclose his Social Security number for religious reasons, a federal appeals court ruled Monday.

Donald S. Miller, an Oakland attorney who had been driving for 23 years, was denied a license in 1996 when he refused to provide his Social Security number to the Department of Motor Vehicles. He said his personal system of religious beliefs forbids using a number to represent an individual and makes it a sin to cooperate with any such use.

A state law that took effect in 1992 requires the DMV to obtain each driver’s Social Security number to aid authorities in collecting overdue child support, taxes, criminal fines, and traffic and parking tickets. Without a license in his home state, Miller cannot drive legally anywhere in the nation.

The U.S. 9th Circuit Court of Appeals agreed with a lower court ruling that did not question the sincerity of Miller’s religious beliefs but ruled that the DMV was not violating his religious freedom.

The Constitution protects the right to travel interstate, but does not guarantee the right to drive a car as opposed to taking public transportation or getting a ride from someone else, the court said.

“Miller does not have a fundamental right to drive a motor vehicle,” said Judge David Thompson in the 3-0 ruling.

He said the California law that requires drivers to provide Social Security numbers to the DMV is “a valid and neutral law of general applicability” that serves the rational purpose of helping to locate people who owe child support, taxes or fines.

Miller also has withheld his Social Security number from the State Bar and the federal courts.