Interracial Couple Refused Marriage License in Louisiana

Thursday, October 15, 2009

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HAMMOND, La. — A 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 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. "The Supreme Court ruled as far back as 1963 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."

If he does an interracial marriage for one couple, he must do the same for all, he said.

I'm curious what the conservatives on the board will accept as racism. Clearly blatantly racist statements bade by commentators and other conservatives are not enough to qualify. I want to know where the line is for conservatives on the board. Is denying an interracial couple a marriage license indicative of racism? Or no?

At least Monte has learned to curb his tendency to insult groups or demographics instead of individuals when making such remarks.

Indeed. I'm impressed to learn that one Louisiana justice of the peace constitutes the political bearing of the whole of the southern United States. Why even bother holding elections for this quarter of the country when we're all of the same opinions about everything?

His position is clearly a reaction to the anticipated racism directed to such hypothetical offspring by others in the future. It is an inappropriate call to make on his part and falls clearly outside his duties, rights, and responsibilities as an officer of the law, but does not necessarily provide evidence one way or the other as to his own racism.

Interestingly, we can't even narrow you dirty southerners' political inklings down to party lines, since this particular justice's party affiliation remains undisclosed.

At least Monte has learned to curb his tendency to insult groups or demographics instead of individuals when making such remarks.

Apparently, we don't have red states or blue states down here. We must be white states, then. As white as freshly-pressed sheets.

sigh.

He's a racist by the way.

I agree with this statement.

Either one over the third one, the mixed heritage race.