Legal Question in Constitutional Law in Florida

Re: Fifth Amendment and Refusing to Provide ID

There is a case now pending in the Supreme Court that asks whether a person must provide identification to police when there is no probable cause to believe the person committed a crime or witnessed anything relevant. (Suspects and witnesses do have to identify themselves.) The Court will issue a decision in June.

It is not a crime to have no Social Security number or to lack photo ID. If your religious beliefs forbid being assigned a number, that is a perfectly valid reason not to get one -- or even to remove one if it is given to you. You will, however, find it much harder to take advantage of various opportunities, like getting a professional license, buying property, obtaining credit, etc.

Likewise, if you insist on not having photo ID, Florida will probably refuse to give you a drivers license. Not long ago a Muslim woman in Florida sued so that she could keep her face covered -- as dictated by her religious beliefs -- when she was photographed for her license. So far she has lost at every stage, with the courts finding that the state has a legitimate interest in being able to identify drivers visually and in preventing such a license from being used fraudulently. I don't know if she is still pursuing this case, but I think the rulings so far have been correct and will be affirmed if challenged. The state's rationale will apply equally to someone who refuses to accept a photo ID.