McDonald v. Alabama Dept. of Public Safety, 2971313.

• Decision Date: 09 April 1999
• Docket Number: No. 2971313.,2971313.
• Citation: 756 So.2d 880
• Parties: Scott McDONALD, as next friend for and on behalf of his sons, Christopher McDonald and Nathan McDonald v. ALABAMA DEPARTMENT OF PUBLIC SAFETY.
• Court: Alabama Court of Civil Appeals

756 So.2d 880

Scott McDONALD, as next friend for and on behalf of his sons, Christopher McDonald and Nathan McDonald v. ALABAMA DEPARTMENT OF PUBLIC SAFETY.

No. 2971313.

Court of Civil Appeals of Alabama.

April 9, 1999.

Rehearing Denied July 16, 1999.

Certiorari Denied January 21, 2000.

Lowell H. Becraft, Jr., Huntsville, for appellant.

Robert Morrow, general counsel, and Patrick D. Mahaney, asst. counsel, Department of Public Safety.

Alabama Supreme Court 1981886.

ROBERTSON, Presiding Judge.

Scott McDonald, representing his minor sons Nathan McDonald and Christopher McDonald, appeals from a summary judgment entered by the Montgomery County Circuit Court denying Nathan and Christopher's constitutional challenge to a regulation adopted by the Alabama Department of Public Safety ("the Department"). We affirm.

Facts and procedural history

Upon application by a citizen or a qualified alien, or by a parent on behalf of a qualified newborn child, the Social Security Administration of the United States Department of Health and Human Services issues a "Social Security account number" to that person and maintains a record of that person's earnings for purposes of determining, among other things, the old-age and other benefits to which the person may be entitled. See generally 20 C.F.R. § 422.101 et seq. (1998). Because only one Social Security account number, generally known as a "Social Security number," is issued to an applicant, and because the Social Security Administration utilizes screening processes to prevent the issuance of duplicate numbers to the same person, "[l]ittle doubt exists as to the importance of the Social Security number as a unique identifier." Steckler v. United States, Civ. A. 96-1054 (E.D.La., Jan. 26, 1998) (not reported in F.Supp.); accord, Bowen v. Roy, 476 U.S. 693, 710, 106 S.Ct. 2147, 90 L.Ed.2d 735 (1986)

("Social Security numbers are unique numerical identifiers."). Not only are Social Security numbers to be routinely issued to children upon their entry into school (see 42 U.S.C. § 405(c)(2)(B)), the United States Treasury Department requires persons to apply for a Social Security number within seven days of their entry into employment for wages taxable under the Federal Insurance Contributions Act, 26 U.S.C. § 3101 et seq.; 26 C.F.R. § 31-6011(b)-2 (1998). Also, persons required to complete federal tax returns must disclose their Social Security number, and must disclose their children's Social Security numbers in order to receive statutory income-tax dependency exemptions respecting those children. See 26 U.S.C. §§ 6109(a) & 151(e). Thus, in modern American society, it can safely be said that most people have been issued a unique Social Security number.

In recognition of the ubiquity of Social Security numbers, Congress has provided for the use of Social Security numbers as a means of identification in certain instances, specifically including the issuance of motor vehicle driver's licenses:

"It is the policy of the United States that any State ... may, in the administration of any ... driver's license ... law within its jurisdiction, utilize the Social Security account numbers issued by the Commissioner of Social Security for the purpose of establishing the identification of individuals affected by such law, and may require any individual who is or appears to be so affected to furnish to such State ... or any agency thereof having administrative responsibility for the law involved the Social Security account number ... issued to him by the Commissioner of Social Security."

42 U.S.C. § 405(c)(2)(C)(i).

By statute, the defendant Department is headed by the state director of public safety, who is empowered "to do all that is necessary to administer and enforce" the motor vehicle laws of Alabama. Sections 32-2-1 and 32-2-5, Ala.Code 1975. The director of public safety is statutorily authorized to adopt, with the approval of the Governor, "reasonable rules and regulations not in conflict with the laws of this state concerning operation of motor vehicles and concerning the enforcement of the provisions" of title 32, chapter 6, article 1 of the Alabama Code, which pertains to the issuance of driver's licenses. Section 32-6-13, Ala.Code 1975. Regulation 760-X-1-.19, Ala. Admin. Code, which was adopted pursuant to that authority, provides, in pertinent part, that "[a]ll persons applying for a driver license shall be required to furnish to the ... Department... their Social Security number in order to obtain an Alabama driver license." The Department uses such numbers in administering the driver's license laws of Alabama, and requires that such numbers be kept confidential except to the extent that the use of them is permitted by state and federal law. Id.

In a 38-page affidavit filed in the trial court, Scott McDonald averred, among other things, that he adheres to the view that a Social Security number is a precursor to, or is itself, the "Mark of the Beast" referred to in the Book of Revelation, a portion of the Bible's New Testament,¹ and that he is not to accept such a mark. Nathan and Christopher also filed affidavits indicating that their parents have taught them, and that they hold, similar religious beliefs with respect to Social Security numbers. Nathan and Christopher have never been issued Social Security numbers.

Nathan and Christopher, upon attaining the age of 15 years, each applied for a learner's license, a form of driver's license that, if issued, permits the holder thereof to operate a motor vehicle when accompanied by either a certified driving instructor or a parent or legal guardian who holds a driver's license. Section 32-6-8(b), Ala. Code 1975. The Department informed Nathan and Christopher that in order for them to obtain learner's licenses, they would be required to provide Social Security numbers, and that they would not be allowed to take the Department's written license examination until they had supplied Social Security numbers. After contacting the Governor's office, Scott McDonald was informed that the Department recognized a de facto exception to the Social-Security-number requirement for persons who complete a form affidavit averring that, for religious reasons, they do not have Social Security numbers. A Department staff member gave Scott McDonald a copy of this form, but the McDonalds refused to execute this form, on the advice of their attorney, who opined that the form was not proper because it had not been promulgated as an administrative rule under the Alabama Administrative Procedure Act ("AAPA"), § 41-22-3(9), Ala.Code 1975.

Nathan and Christopher, proceeding through their father and next friend, Scott McDonald, sued the Department, seeking a declaration that Regulation 760-X-1-.19 was invalid as an unlawful infringement upon their rights under the First Amendment to the United States Constitution to the free exercise of their religion; they further sought an injunction against the enforcement of the regulation. All parties thereafter filed summary-judgment motions. The trial court denied Nathan and Christopher's motions for a summary judgment. However, the trial court entered a summary judgment in favor of the Department, on the basis that the Department had offered Nathan and Christopher an alternative to complying with Regulation 760-X-1-.19, but that they had failed or refused to accept it.

Nathan and Christopher appealed to the Alabama Supreme Court, which transferred the appeal to this court on the basis that the appeal is within this court's appellate jurisdiction.

Issues for review

Nathan and Christopher raise three issues relating to the validity and constitutionality of Regulation 760-X-1-.19, and a fourth issue concerning the validity, under the AAPA, of the form affidavit used by the Department to accommodate persons objecting to that regulation on religious grounds. Because the pertinent facts giving rise to the their claim are undisputed, we review the trial court's application of law to those facts to determine whether the Department was entitled to a judgment as a matter of law. Carpenter v. Davis, 688 So.2d 256, 258 (Ala.1997). "In reviewing the judgment of the trial court, this Court will not presume error and will affirm the trial court's judgment if it is supported by any valid legal ground." McGowan v. Chrysler Corp., 631 So.2d 842, 847 (Ala.1993).

Because the necessity of considering the fourth issue, i.e., the validity of the Department's form affidavit, is dependent upon Nathan and Christopher's entitlement to relief with respect to the regulation itself, we first consider whether Regulation 760-X-1-.19 is valid and constitutional.

I. Statutory basis of Regulation 760-X-1-.19

Nathan and Christopher first contend that Regulation 760-X-1-.19 has no statutory foundation. However, a cursory reading of 42 U.S.C. § 405(c)(2)(C)(i) indicates that Congress has provided that a state agency responsible for administering that state's laws for licensing drivers may require any individual who is or appears to be affected by those laws to furnish his or her Social Security number. Moreover, the Department, under the direction of its director, is empowered "to do all that is necessary to administer and enforce" the motor vehicle laws of Alabama, under §§ 32-2-1 and 32-2-5, Ala.Code 1975, including adopting "reasonable rules and regulations" concerning the issuance of driver's licenses (§ 32-6-13, Ala.Code 1975). Finally, Congress has recently enacted legislation mandating, as a requirement a state's receiving block grants for federal welfare benefits, that the state have in effect laws requiring applicants for driver's licenses to give their Social Security numbers (see 42 U.S.C. § 666(a)(13)(A)). Under these circumstances, we cannot conclude that Regulation 760-X-1-.19 is without a statutory basis.

II. First Amendment free-exercise challenge

Nathan and Christopher next contend that Regulation 760-X-1-.19 is an...