Interracial couple denied marriage license in La.
By MARY FOSTER Associated Press Writer
NEW ORLEANS (AP) - A white Louisiana justice of the peace said he refused to issue a marriage license to an interracial couple out of concern for any children the couple might have.
Keith Bardwell, justice of the peace in Tangipahoa Parish, says it is his experience that most interracial marriages do not last long.
"I'm not a racist. I just don't believe in mixing the races that way," Bardwell told the Associated Press on Thursday. "I have piles and piles of black friends. They come to my home, I marry them, they use my bathroom. I treat them just like everyone else."
Bardwell said he asks everyone who calls about marriage if they are a mixed race couple. If they are, he does not marry them, he said.
Bardwell said he has discussed the topic with blacks and whites, along with witnessing some interracial marriages. He came to the conclusion that most of black society does not readily accept offspring of such relationships, and neither does white society, he said.
"There is a problem with both groups accepting a child from such a marriage," Bardwell said. "I think those children suffer and I won't help put them through it."
If he did an interracial marriage for one couple, he must do the same for all, he said.
"I try to treat everyone equally," he said.
Bardwell estimates that he has refused to marry about four couples during his career, all in the past 2 1/2 years.
Beth Humphrey, 30, and 32-year-old Terence McKay, both of Hammond, say they will consult the U.S. Justice Department about filing a discrimination complaint.
Humphrey, an account manager for a marketing firm, said she and McKay, a welder, just returned to Louisiana. She is white and he is black. She plans to enroll in the University of New Orleans to pursue a masters degree in minority politics.
"That was one thing that made this so unbelievable," she said. "It's not something you expect in this day and age."
Humphrey said she called Bardwell on Oct. 6 to inquire about getting a marriage license signed. She says Bardwell's wife told her that Bardwell will not sign marriage licenses for interracial couples. Bardwell suggested the couple go to another justice of the peace in the parish who agreed to marry them.
"We are looking forward to having children," Humphrey said. "And all our friends and co-workers have been very supportive. Except for this, we're typical happy newlyweds."
"It is really astonishing and disappointing to see this come up in 2009," said American Civil Liberties Union of Louisiana attorney Katie Schwartzmann. She said the Supreme Court ruled in 1967 "that the government cannot tell people who they can and cannot marry."
The ACLU sent a letter to the Louisiana Judiciary Committee, which oversees the state justices of the peace, asking them to investigate Bardwell and recommending "the most severe sanctions available, because such blatant bigotry poses a substantial threat of serious harm to the administration of justice."
"He knew he was breaking the law, but continued to do it," Schwartzmann said.
According to the clerk of court's office, application for a marriage license must be made three days before the ceremony because there is a 72-hour waiting period. The applicants are asked if they have previously been married. If so, they must show how the marriage ended, such as divorce.
Other than that, all they need is a birth certificate and Social Security card.
The license fee is $35, and the license must be signed by a Louisiana minister, justice of the peace or judge. The original is returned to the clerk's office.
"I've been a justice of the peace for 34 years and I don't think I've mistreated anybody," Bardwell said. "I've made some mistakes, but you have too. I didn't tell this couple they couldn't get married. I just told them I wouldn't do it."
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Technically he didnt deny the couple the right to get married he simply stated that he wouldn't do it himself. So i dont think he violated any laws. I also do not believe this is a racist decision but it is sad. There are more mixed race children now more than ever and its very common. I would like to see how this plays out though.
ReplyDeletei do agree with nadera. as strong as i am for interracial marraige ( as well as homosexual marraige) he really isnt breaking any laws by not agreeing to marry them himself. It is a really messed up situation and i think he's definately wrong by making that decison, but hes not doing anything against the law by saying he would just prefer not to marry them.
ReplyDeleteI am going to go the other way on this one. I believe there could be reason for a lawsuit in this case. Bardwell would not issue a marriage license for the sole reason that this was a mixed couple. The one quote from this articl; "I'm not a racist. I just don't believe in mixing the races that way," says it all. If he were to make up some excuse that he did not believe both couples were of sound mind it may be another story, but he is straight out saying that this is because of race. The fact is that the article states "If he did an interracial marriage for one couple, he must do the same for all, he said." This right here shows that he is not treating all couples equeally. If each couple is equeal color would not matter, white, black, or mixed relationship. So in the fact that he would no issue the marriage license soley for the fact of color tells me there is a lawsuit waiting to happen.
ReplyDeleteI would have to agree with the first two comments on this blog. Even though I don't agree with his decision, he isn't breaking any laws by not marrying them himself. That's not to say that they can't be married because they are an interracial couple.
ReplyDeleteI find this disturbing. I am part of an interracial marriage and my children are interracial. I DO infact think there is a case here. Eventhough, he did not deny them the right to get married all together, he did deny their marriage at the time they requested it. Isn't that a violation? His personal beliefs should stay personal. He says he's not racist but every word that came out of his mouth sounded racist to me. People like that are preventing this world from moving on from racism. I hope he looses his job. He shouldn't have that kind of power. But hey, that's just my opinion and we all know what they say about those!
ReplyDeleteBy being a justice of the peace, isn't he obligated by law to marry the couple? Unless, they violated some sort of state or federal law, his personal opinion shouldn't count in the matter. His reasoning behind the decision is completely ridiculous! I'm sure many people who have held his office married couples that they personally thought shouldn't be married. If you don't agree with the duties of your job, get another one. This is complete discrimination!
ReplyDeleteThis is insane. How could a justice of the peace do that. Isn't that their job, to marry people. How can they just not do it because of the children the couple may or may not have, and you don't need to be married to have children. Everyone is entitled to their thoughts, feelings and opinions but you can't not do something just because you don't want to when it's your job. Aren't they legally bound to marry any couple who comes in, especially since interracial marriage isn't illegal.
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