( CNN ) -- The state of North Carolina filed an appeal Friday to a judge 's ruling that license plates with the words `` Choose Life '' on them are unconstitutional because the state does not offer an alternative for supporters of abortion rights . The state filed its appeal without comment through the U.S. Court of Appeals for the Fourth Circuit , according to court documents . The action comes less than a month after U.S. District Court Judge James Fox ruled : `` The State 's offering a Choose Life license plate in the absence of a pro-choice alternative constitutes viewpoint discrimination in violation of the First Amendment . '' The ruling was praised by the American Civil Liberties Union , which had filed a lawsuit in 2011 to stop the specialty plates . The ACLU called Friday 's appeal `` unfortunate . '' `` It 's unfortunate that the state has chosen to prolong what is really a very clear-cut First Amendment issue , '' said Chris Brook , legal director of the ACLU 's North Carolina Legal Foundation . `` The Fourth Circuit Court of Appeals has consistently ruled that any time the government creates an avenue for private speech , it can not restrict that avenue to only one side of a contentious debate . '' The bill for the license plates passed in 2011 . The legislation also mandated that money raised from the sale of the specialty plates would go to a nonprofit group that supports crisis pregnancy centers , CNN affiliate WRAL reported . During the fight to get the bill passed , North Carolina lawmakers voted down amendments that would have created alternatives for abortion-rights supporters such as `` Trust Women . Respect Choice , '' the affiliate reported . The `` Choose Life '' plates are available in 29 states , according to Choose Life Inc. , a nonprofit that helps states that want to sell these specialty plates . CNN 's Joe Sutton contributed to this report .
Judge had ruled plates unconstitutional . Comment: The bill for the plates originally passed in 2011 .