Interracial couple denied marriage license [JP RESIGNS]

[TigressPen]

Interracial couple denied marriage license

La. justice of the peace cites concerns about any children couple might have
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.

Neither Bardwell nor the couple immediately returned phone calls from The Associated Press. But Bardwell told the Daily Star of Hammond that he was not a racist.

"I do ceremonies for black couples right here in my house," Bardwell said. "My main concern is for the children."

‘I feel the children will later suffer’
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.

"I don't do interracial marriages because I don't want to put children in a situation they didn't bring on themselves," Bardwell said. "In my heart, I feel the children will later suffer."

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

"I try to treat everyone equally," he said.

Thirty-year-old Beth Humphrey and 32-year-old Terence McKay, both of Hammond, say they will consult the U.S. Justice Department about filing a discrimination complaint.

Humphrey told the newspaper 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.

"It is really astonishing and disappointing to see this come up in 2009," said American Civil Liberties Union of Louisiana attorney Katie Schwartzman. "The Supreme Court ruled as far back as 1963 that the government cannot tell people who they can and cannot marry."

‘He knew he was breaking the law’
The ACLU was preparing a letter for the Louisiana Supreme Court, which oversees the state justices of the peace, asking them to investigate Bardwell and see if they can remove him from office, Schwartzman said.

"He knew he was breaking the law, but continued to do it," Schwartzman 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.

http://www.msnbc.msn.com/id/33332436/ns/us_news-race_and_ethnicity/?gt1=43001

[TigressPen]

I wonder if this will be upheld. He didn't quote any kind of religious belief in this so I can see lawsuit going forward and him losing his job.

I remember a few years ago reading of a druggist who wouldn't fill prescriptions for a certain med ( I forget which med) because of his religion. And I am thinking that was upheld as his right.

I wish I could remember the particular druggist instance but can't so if that part of my comment is not within forum rules of no link included please feel free to edit.

[Jute]

I wonder if this will be upheld. He didn't quote any kind of religious belief in this so I can see lawsuit going forward and him losing his job.

I remember a few years ago reading of a druggist who wouldn't fill prescriptions for a certain med ( I forget which med) because of his religion. And I am thinking that was upheld as his right.

I wish I could remember the particular druggist instance but can't so if that part of my comment is not within forum rules of no link included please feel free to edit.

Is the incident(s) you're thinking about in regard to the "morning after pill"?

Pharmacists' Rights at Front Of New Debate
Because of Beliefs, Some Refuse To Fill Birth Control Prescriptions

By Rob Stein
Washington Post Staff Writer
Monday, March 28, 2005; Page A01

Some pharmacists across the country are refusing to fill prescriptions for birth control and morning-after pills, saying that dispensing the medications violates their personal moral or religious beliefs.

The trend has opened a new front in the nation's battle over reproductive rights, sparking an intense debate over the competing rights of pharmacists to refuse to participate in something they consider repugnant and a woman's right to get medications her doctor has prescribed. It has also triggered pitched political battles in statehouses across the nation as politicians seek to pass laws either to protect pharmacists from being penalized -- or force them to carry out their duties.

<snipped>

"There are pharmacists who will only give birth control pills to a woman if she's married. There are pharmacists who mistakenly believe contraception is a form of abortion and refuse to prescribe it to anyone," said Adam Sonfield of the Alan Guttmacher Institute in New York, which tracks reproductive issues. "There are even cases of pharmacists holding prescriptions hostage, where they won't even transfer it to another pharmacy when time is of the essence."

That is what happened to (name) and her husband, who panicked when the condom they were using broke. Their fear really spiked when the Walgreens pharmacy down the street from their home in Milwaukee refused to fill an emergency prescription for the morning-after pill.

http://www.washingtonpost.com/wp-dyn/articles/A5490-2005Mar27.html


More at link - it's an old article, 2005.

[TigressPen]

Is the incident(s) you're thinking about in regard to the "morning after pill"?



More at link - it's an old article, 2005.


Yes! Thank you so much for finding that and posting it.

[Battnt]

OMG!...Is he for real?!...I hope he loses his job!...:madranting94dp:

[texanne]

This backwood (deleted) has set himself up for a lot of unwanted attention and riducule. He is a throwback. No one died and named him God, and no one gave him the authority to deny any single man and woman the right to marry. I just hope he is not a reflection of the people who elected/appointed him. I hope the people in that area are not that prejudiced. I would like to ask him to give the statistics he is referring to as to how many interracial marriages dissolve as compared to same race marriages. I think the statistics will put him in his place.

[Sioux_Girl]

Oh wow can he seriously refused to do that??

[Jute]

This backwood (deleted) has set himself up for a lot of unwanted attention and riducule. He is a throwback. No one died and named him God, and no one gave him the authority to deny any single man and woman the right to marry. I just hope he is not a reflection of the people who elected/appointed him. I hope the people in that area are not that prejudiced. I would like to ask him to give the statistics he is referring to as to how many interracial marriages dissolve as compared to same race marriages. I think the statistics will put him in his place.

From the article:
Keith Bardwell, justice of the peace in Tangipahoa Parish, says it is his experience that most interracial marriages do not last long.

I just did some searching for statistical data from a legitimate source to support his claim - there doesn't appear to be any. Maybe he should write up his research and submit it to the government. :mad:

The closest I came to anything relating to this was an article written about a white woman and black man who have been married for 20 years. From the article:

Most marriages are, at one time or another, a struggle. There is little research to determine if interracial couples are more prone to divorce. But a University of Houston study this year found that these mixed unions are 30% more likely to have elevated levels of stress. A good way to avoid that, says Melanie, "is to make sure at the start you're getting married for the right, solid reasons"--and not, she adds, to make a social statement. Melody and Ali say they have considered the challenges they face and insist their marriage isn't just youthful idealism. "The bigger challenge for us is that I'm Catholic and he's Muslim," says Melody. "So we've thought this through."
http://www.time.com/time/magazine/article/0,9171,1004838-3,00.html



This couple has a solid marriage - probably more so than many - because they've looked at themselves, their marriage, and society as adults. I hope they invite me to their 50th wedding anniversary. :grin:

This guy should be removed from office - he has no right to impose his thinly covered bigotry on others.

[Claycat]

Unfortunately there are still a lot of people in the south who feel this way. Here in rural central Texas, I see a lot of racism! I went in a local convenience store/hamburger joint the other day. There were about 8 white trucks parked outside. I thought that was unusual. When I got inside, there was a group of men sitting around the big table. I said, "Wow! There are sure a lot of white trucks outside!" One of the men sitting at the table said, "All driven by white men!" They all snickered! I was speechless! What I wanted to do was pound the redneck out of him!

[sunstar]

Unfortunately there are still a lot of people in the south who feel this way. Here in rural central Texas, I see a lot of racism! I went in a local convenience store/hamburger joint the other day. There were about 8 white trucks parked outside. I thought that was unusual. When I got inside, there was a group of men sitting around the big table. I said, "Wow! There are sure a lot of white trucks outside!" One of the men sitting at the table said, "All driven by white men!" They all snickered! I was speechless! What I wanted to do was pound the redneck out of him!

It is really sad that in 2009 this attitude still exists and even worse that a judge seems to be among those with the same beliefs. :girl_sad:

[Roamer]

http://news.yahoo.com/s/ap/20091017/ap_on_re_us/us_interracial_rebuff

Man's halt of interracial marriage sparks outrage

http://l.yimg.com/a/i/us/nws/p/ap_logo_106.png (http://us.rd.yahoo.com/dailynews/ap/brand/SIG=br2v03/*http://www.ap.org)

http://d.yimg.com/a/p/ap/20091017/videolthumb.efbf20322372bf6acc3a00ea851e12c5.jpg?x =213&y=160&xc=1&yc=1&wc=399&hc=300&q=85&sig=ialPHZadidluFLIRa5.DSA-- Play Video (http://cosmos.bcst.yahoo.com/up/ynews?ch=4226713&cl=16131643&lang=en)AP (http://news.yahoo.com/i/2521) – La. official refuses to marry interracial couple


http://d.yimg.com/a/p/ap/20090926/videolthumb.be3a9631be0f88a56c21e8613df24f2f.jpg?x =50&y=50&xc=51&yc=1&wc=300&hc=300&q=85&sig=0VhNA7ztIPxz0C.PThg1MA-- Play Video (http://cosmos.bcst.yahoo.com/up/ynews?ch=4226713&cl=15753192&lang=en)Video:Couple's love separated by border (http://cosmos.bcst.yahoo.com/up/ynews?ch=4226713&cl=15753192&lang=en) AP (http://news.yahoo.com/i/2521)
http://d.yimg.com/a/p/ap/20091015/videolthumb.dec5f123079b49e236102c9b309c5e63.jpg?x =50&y=50&xc=51&yc=1&wc=300&hc=300&q=85&sig=IHLeggLuehaLp4atyz.swA-- Play Video (http://cosmos.bcst.yahoo.com/up/ynews?ch=4226714&cl=16079149&lang=en)Video:Tens of thousands in Unification mass wedding (http://cosmos.bcst.yahoo.com/up/ynews?ch=4226714&cl=16079149&lang=en) AP (http://news.yahoo.com/i/2523)


http://d.yimg.com/a/p/net/20091016/capt.05e0a81cf61c18c29b0912824511ec30.jpeg?x=213&y=140&xc=1&yc=1&wc=409&hc=269&q=85&sig=0D8_vvioqEudbZV822G89w-- (http://news.yahoo.com/nphotos/New-Orleans/photo//ydownload_ap/20091016/photos_net_ap_ts/1255726594//s:/ap/20091017/ap_on_re_us/us_interracial_rebuff)AP – In this file photo, attorney Bill Quigley speaks before the New Orleans City Council in New Orleans, …



By MARY FOSTER, Associated Press Writer Mary Foster, Associated Press Writer – Sat Oct 17, 12:30 am ET

NEW ORLEANS – Louisiana's governor and a U.S. senator joined Friday in calling for the ouster of a local official who refused to marry an interracial couple, saying his actions clearly broke the law.

Keith Bardwell, a white justice of the peace in Tangipahoa Parish in the southeastern part of the state, refused to issue a marriage license earlier this month to Beth Humphrey, who is white, and Terence McKay, who is black. His refusal has prompted calls for an investigation or resignation from civil and constitutional rights groups and the state's Legislative Black Caucus.

Republican Gov. Bobby Jindal said in a statement a nine-member commission that reviews lawyers and judges in the state should investigate.

"Disciplinary action should be taken immediately — including the revoking of his license," Jindal said.

Bardwell did not return calls left on his answering machine Friday.

Bardwell has said he always asks if a couple is interracial and, if they are, refers them to another justice of the peace. Bardwell said no one had complained in the past and he doesn't marry the couples because he's worried about their children's futures.

"Perhaps he's worried the kids will grow up and be president," said Bill Quigley, director of the Center for Constitutional Rights and Justice, referring to President Barack Obama, the son of a black father from Kenya and a white mother from Kansas.

Obama's deputy press secretary Bill Burton echoed those sentiments.

"I've found that actually the children of biracial couples can do pretty good," Burton told reporters aboard Air Force One as it flew to Texas.

Humphrey and McKay were eventually married by another justice of the peace, but are now looking into legal action against Bardwell.

Humphrey said she called Bardwell on Oct. 6 to ask about a marriage license. She said Bardwell's wife told her that Bardwell would not sign marriage licenses for interracial couples.

Bardwell maintains he can recuse himself from marrying people. Quigley disagreed.

"A justice of the peace is legally obligated to serve the public, all of the public," Quigley said. "Racial discrimination has been a violation of Louisiana and U.S. law for decades. No public official has the right to pick and choose which laws they are going to follow."

A spokeswoman for the Louisiana Judiciary Commission said investigations were confidential and would not comment. If the commission recommends action to the Louisiana Supreme Court, the matter would become public.
U.S. Sen. Mary Landrieu, D-La., said in a statement Bardwell's practices and comments were deeply disturbing.

"Not only does his decision directly contradict Supreme Court rulings, it is an example of the ugly bigotry that divided our country for too long," she said.

Tangipahoa Parish President Gordon Burgess said Bardwell's views were not consistent with his or those of the local government. But as an elected official, Bardwell was not under the supervision of the parish government.


"However, I am certainly very disappointed that anyone representing the people of Tangipahoa Parish, particularly an elected official, would take such a divisive stand," Burgess said in an e-mail. "I would hope that Mr. Bardwell would consider offering his resignation if he is unable to serve all of the people of his district and our parish."

Bardwell, a Republican, has served as justice of peace for 34 years. He said he has run without opposition each time, but had decided earlier not to run again. His current term expires Dec. 31, 2014.
___ Associated Press writer Eileen Sullivan in College Station, Texas, contributed to this report.

[Roamer]

http://www.cnn.com/2009/US/11/03/louisiana.interracial.marriage/index.html



http://i.cdn.turner.com/cnn/.element/img/3.0/1px.gif (http://www.mixx.com/submit/story?page_url=http%3A%2F%2Fwww.cnn.com%2F2009%2FU S%2F11%2F03%2Flouisiana.interracial.marriage%2Find ex.html&title=Louisiana%20justice%20who%20refused%20interr acial%20marriage%20resigns&description=A%20Louisiana%20justice%20of%20the%20p eace%20who%20drew%20criticism%20for%20refusing%20t o%20marry%20an%20interracial%20couple%20has%20resi gned%2C%20the%20secretary%20of%20state's%20office% 20said%20Tuesday.&partner=CNN) Louisiana justice who refused interracial marriage resigns







November 3, 2009 10:47 p.m. EST

http://i.cdn.turner.com/cnn/2009/US/11/03/louisiana.interracial.marriage/story.barnwell.wafb.jpg
Keith Bardwell has said he was concerned about children of mixed-race married couples.





(http://topics.cnn.com/topics/Civil_Rights)
(CNN) -- A Louisiana justice of the peace who drew criticism for refusing to marry an interracial couple has resigned, the secretary of state's office said Tuesday.

Keith Bardwell resigned in person at the Louisiana secretary of state's office, said spokesman Jacques Berry. The state Supreme Court will appoint an interim justice of the peace to fill Bardwell's position, Berry said, and a special election will be held next year to fill the position permanently.

Bardwell, a justice of the peace for Tangipahoa Parish's 8th Ward, refused to perform a marriage ceremony for Beth Humphrey, 30, and her boyfriend Terence McKay, 32, both of Hammond, Louisiana, and sign their marriage license. The two were married by another justice of the peace.

The couple filed a federal discrimination lawsuit against Bardwell and his wife, Beth Bardwell, on October 20, claiming the two violated the Equal Protection Clause of the 14th Amendment.

Bardwell, speaking to CNN affiliate WBRZ, said he was advised "that I needed to step down because they was going to take me to court, and I was going to lose."

"I would probably do the same thing again," he said. "I found out I can't be a justice of the peace and have a conscience."

Sen. Mary L. Landrieu, D-Louisiana, who had called for Bardwell's dismissal, said Tuesday night that "Bardwell has finally consented to the will of the vast majority of Louisiana citizens and nearly every governmental official in Louisiana. Bardwell's refusal to issue marriage licenses to interracial couples was out of step with our Louisiana values and reflected terribly on our state. We are better off without him in public service."

Initial reports were that Bardwell refused to issue a marriage license to the couple, but in the lawsuit Humphrey and McKay say they obtained the license from the parish court clerk's office and contacted Bardwell to see if he would perform the ceremony and sign the license to legally validate the marriage.

Humphrey wound up speaking by telephone with Beth Bardwell, the lawsuit said, and Beth Bardwell asked Humphrey if they were a "mixed couple."

When told they were an interracial couple, Beth Bardwell said, according to the lawsuit, "We don't do interracial weddings," and told her the two would have to go outside the parish to marry.

Bardwell did not return repeated phone calls from CNN in October, but told CNN affiliate WAFB that he had no regrets about the decision. "It's kind of hard to apologize for something that you really and truly feel down in your heart you haven't done wrong," he said.





In addition, he told the Hammond Daily Star in an October story that he did not marry the couple because he was concerned for the children that might be born of the relationship and that, in his experience, most interracial marriages don't last.

"I'm not a racist," he said. "I do ceremonies for black couples right here in my house. My main concern is for the children."

Humphrey said in October that she wanted Bardwell to resign. "He doesn't believe he's being racist, but it is racist," she said.

According to the lawsuit, Bardwell estimated he refused to marry at least four other interracial couples in the past 2½ years.

"Defendant Beth Bardwell ... aided, abetted and conspired with defendant Keith Bardwell to deprive plaintiffs of their constitutionally protected civil rights," according to the suit.

No response to the suit has been filed, and it was unclear whether the Bardwells had retained an attorney. The lawsuit seeks unspecified damages, claiming that Humphrey and McKay suffered emotional distress as a result of the incident.

Louisiana Gov. Bobby Jindal has said he believed Bardwell should lose his license, and the National Urban League called for an investigation into the incident by the U.S. Justice Department's Civil Rights (http://topics.cnn.com/topics/Civil_Rights) Division, saying in a statement that Bardwell's actions were "a huge step backward in social justice."

According to the Census Bureau, Tangipahoa Parish is about 70 percent white and 30 percent black.

The U.S. Supreme Court tossed out any racially-based limitations on marriage (http://topics.cnn.com/topics/Marriage) in the landmark 1967 ruling in the case Loving v. Virginia. In the unanimous decision, the court said that under the Constitution, "the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."

[rockford2]

Maybe this man needs to take a GOOD look around as there are MANY biracial children attending schools that I see all the time and they don't seem to have any trouble! Many attended my son's grammar and middle school and never were they made fun of and many were extremely popular! Beautiful children as well as they have the best of everything. I feel those kids are doubly blessed to have 2 heritages that they receive from both parents!

[Jute]

I am relieved and delighted to hear that this (....) has resigned.

[Bayou Lass]

Maybe this man needs to take a GOOD look around as there are MANY biracial children attending schools that I see all the time and they don't seem to have any trouble! Many attended my son's grammar and middle school and never were they made fun of and many were extremely popular! Beautiful children as well as they have the best of everything. I feel those kids are doubly blessed to have 2 heritages that they receive from both parents!

Well said Rock! I hate to admit it but there are still people here in Louisiana living in the dark ages. The couple did find another Justice of the Peace to marry them and that makes me so very happy for them. The man needs to brush up on recent American History! Where did he get that he was thinking of the children that might be born of this marriage? Looking at both the mother and father, they would be beautiful children.

[Battnt]

I'm glad to know this idiot resigned...Now he can put back on his white robe and the dunce hat to go with it!...:madranting94dp:

[Louise]

I'm glad to know this idiot resigned...Now he can put back on his white robe and the dunce hat to go with it!...:madranting94dp:

I agree, he obviously was living in the past. Am glad to hear that they got married.

[rockford2]

I agree, he obviously was living in the past. Am glad to hear that they got married.

I was shocked that there are STILL people who think this way!

[Jute]

I was shocked that there are STILL people who think this way!

I'm not. There are many, most either simply hide their feeling or try to cover the truth with a thin veneer of lies.

Something I found interesting during the Presidential campaign was how many people believed that their vote for Obama was proof that they were free of any feelings of people vs. race. Did they vote for the man, or the color of his skin?

Granted, a black man being elected President of the U.S. was a huge step; a barrier to true equality was broken. But people pointing out that they were voting for a black man reminded me of when people would say "many of my friends are black." If they are your friends, why do you need to add the qualifier of race? How often do you hear "many of my friends are tall"? JMO

[rockford2]

I'm not. There are many, most either simply hide their feeling or try to cover the truth with a thin veneer of lies.

Something I found interesting during the Presidential campaign was how many people believed that their vote for Obama was proof that they were free of any feelings of people vs. race. Did they vote for the man, or the color of his skin?

Granted, a black man being elected President of the U.S. was a huge step; a barrier to true equality was broken. But people pointing out that they were voting for a black man reminded me of when people would say "many of my friends are black." If they are your friends, why do you need to add the qualifier of race? How often do you hear "many of my friends are tall"? JMO

Not once do I EVER see the color of anyone's skin but what is inside each and every person. I also don't see Mr. Obama as being the 'first' black President. I saw him as I see him today as being the most qualified and I believe he STILL is but having a very difficult job he inherited with past and present problems and everyone wanting him to perform some kind of magic.

[Roamer]

ITA, rock. He inherited a huge mess, and he's doing the best he can. Give him a chance. No president has ever turned things around in less than a year.

[Roenick]

I don't really have a problem with his refusal to not marry people. Many clergy will refuse to marry a couple if they feel they aren't ready or right to be married to each other.

DO NOT GET ME WRONG... I think his reason is a very poor and uneducated reason.


If he only married white couples, then I could see the racist view. But he marries couples of all ethnic cultures - to each other.
At what point are we taking peoples belief rights away?
There is no solid line in this... This couple is allowed to marry - find someone who will do it. Making this man marry them is taking his right to his belief (no matter how screwy) away.

[rockford2]

I don't really have a problem with his refusal to not marry people. Many clergy will refuse to marry a couple if they feel they aren't ready or right to be married to each other.

DO NOT GET ME WRONG... I think his reason is a very poor and uneducated reason.


If he only married white couples, then I could see the racist view. But he marries couples of all ethnic cultures - to each other.
At what point are we taking peoples belief rights away?
There is no solid line in this... This couple is allowed to marry - find someone who will do it. Making this man marry them is taking his right to his belief (no matter how screwy) away.

Hi Roe!!

I think we are just expressing our thoughts about his way of thinking. I, personally, thought this whole black and white interracial marriages was sooo over but apparently not.

Now I'm not saying that I wouldn't have relatives expressing their views and opinions of this under their breaths, but a refusal to marry a couple was something I thought was passe.

[Jute]

Not once do I EVER see the color of anyone's skin but what is inside each and every person. I also don't see Mr. Obama as being the 'first' black President. I saw him as I see him today as being the most qualified and I believe he STILL is but having a very difficult job he inherited with past and present problems and everyone wanting him to perform some kind of magic.

Well said, Rocky - Mr. Obama is our President. (Sentence is complete. :grin: )

[Jute]

ITA, rock. He inherited a huge mess, and he's doing the best he can. Give him a chance. No president has ever turned things around in less than a year.

ITA, too, Roamy. My gosh - he's been in office for 10 months and people are ready to feed him to the wolves, for something he didn't start.

[Jute]

I don't really have a problem with his refusal to not marry people. Many clergy will refuse to marry a couple if they feel they aren't ready or right to be married to each other.

DO NOT GET ME WRONG... I think his reason is a very poor and uneducated reason.


If he only married white couples, then I could see the racist view. But he marries couples of all ethnic cultures - to each other.
At what point are we taking peoples belief rights away?
There is no solid line in this... This couple is allowed to marry - find someone who will do it. Making this man marry them is taking his right to his belief (no matter how screwy) away.

Hi Roe. :happy0207: I understand your point, but my problem is that he is an official charged with certain responsibilities. His personal beliefs should not enter into how he performs - or doesn't - his duties. I'm glad that he resigned.