Justice of the Peace refuses marriage license

[Melaine]

to interracial couple:

http://news.yahoo.com/s/ap/20091016/ap_on_re_us/us_interracial_rebuff

Whoa!!! I'm kind of stunned. So weird what he said about letting "blacks" use his "bathroom".....that he is defending himself with that "proof" of his not being racist is pathetic.

[Reyadawnbringer]

omg, that guy is totally disgusting too! Especially how he said that he has "piles and piles of black friends", like they belong to him... like they are a personal collection.

[kijip]

That's just awful. I can't believe he has done this three times before already and not been disciplined or thrown out of office.

[Cheburashka]

I just don't understand some people. How is it not racist to refuse to marry people based solely on the color of their skin? So sad that this kind of thing could happen in 2009. My mother's parents had to move out of Mississippi to get married because they were an interracial couple. I was under the impression that we as a country had progressed from that point in time.

And yes, he's such a jewel of a friend, letting his black friends use his bathroom instead of making them go outside behind a tree. I'm sure the "piles and piles" of them appreciate it. Jerkface.

[Laurel]

More evidence that we are not "post-racism" in 2009 America. Hopefully the dialogue that comes out of this will make progress.

Not to switch topics (or be a broken record), but my first thought was that this judge sounds a lot like the opponents to same-sex marriage.

[mommylamb]

I don't know why I'm shocked that this kind of stuff still goes on, but I guess I'm just naive that way.

On a more positive note, here's an example of a politician running for office in NYC who is showcasing his own family, which happens to be interracial. It just shows that there is positive movement towards a less prejudice society too. http://www.politico.com/news/stories/1009/28175.html

[JTsMom]

:shake: That makes me ill.

[BelleoftheBallFlagstaff]

It blows my mind. What is he had a child that fell in love with someone of a different race? Concern for their children. I feel so sorry for Maila and Sasha, poor kids, their interracial father is PRESIDENT!!!!!!!!!!!!!!!!!!!!!!!!
This makes me ashamed to be white!

[MCsMom]

Reeeeeeediculous!

How can this even be possible?

My poor, bi-racial DD!

[AnnieW625]

All I can think of is the song line from Banditos by the Refreshments: don't you know that the world is full of stupid people."

[bluestarfish18]

"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."

Wow, so that makes me a bastard to both sides of my family now? I don't recall ever be unaccepted by any family member because I'm mixed. If a "group" has a problem accepting a multiracial child, then I personally have a problem accepting that "group". I have never suffered in the way he's referring, but I have always loved being different and unique. I am fortunate to have been dipped in the rainbow of cultures that create my background. He's gonna be shocked in 100 years, when every person on the planet will be multiracial. Another reason I *love* living in the South folks!:banghead:

[Cheburashka]

"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."

Wow, so that makes me a bastard to both sides of my family now? I don't recall ever be unaccepted by any family member because I'm mixed. If a "group" has a problem accepting a multiracial child, then I personally have a problem accepting that "group". I have never suffered in the way he's referring, but I have always loved being different and unique. I am fortunate to have been dipped in the rainbow of cultures that create my background. He's gonna be shocked in 100 years, when every person on the planet will be multiracial. Another reason I *love* living in the South folks!:banghead:

I thought he meant black or white people outside the family would have trouble accepting the child. Maybe this is true in more segregated neighborhoods (I'm pretty sure that's not the exact word I'm looking for, but I can't think of another word for it)? It's still a bs reason to not perform your job duties though.

[dcmom2b3]

"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."

I'm callin' BS on that -- there's no logical connection between a couple being married and having a child. My "suffering" biracial two year old has better reasoning skills.

If this guy is an attorney I hope someone files a complaint against him with the Louisiana Bar.

[katydid1971]

My DF just emailed this to me and the bathroom line got me too. I also thought the statement that marriages fail because the families are from different races was crazy. I guess all marriages from single race families never fail huh? Well 50% of marriages fail so I guess 50% of marriages are interracial?!?!? Its not his job to decide who can and cannot get married!!!!!!!! :32:

[Sillygirl]

I actually wonder if he can claim protection from the federal "conscience clause" that passed in the last days of the previous administration. The one where pharmacists can refuse to fill your birth control prescription? Probably not since race is a protected category under federal law. I certainly hope not, since that cracker needs to be fired ASAP. But how about someone refusing to fill a prescription for a morning-after pill? I don't think the two cases are that far apart. . .

[Cheburashka]

I actually wonder if he can claim protection from the federal "conscience clause" that passed in the last days of the previous administration. The one where pharmacists can refuse to fill your birth control prescription? Probably not since race is a protected category under federal law. I certainly hope not, since that cracker needs to be fired ASAP. But how about someone refusing to fill a prescription for a morning-after pill? I don't think the two cases are that far apart. . .

That happened in Texas already. A few years ago, I think I was still in hs, so 2003-2004ish.

[Sillygirl]

That happened in Texas already. A few years ago, I think I was still in hs, so 2003-2004ish.
It's happened pretty frequently, actually, and the Bush administration made a rule that people couldn't be fired for things like this. It's called the conscience clause. So, if the JP was following his conscience in refusing a license to the interracial couple, is he protected too?

[Cheburashka]

Ohhhh, I see what you're saying now. Got a little mixed up.

Hmmmm.... Since it involves race, I'm not sure. Please correct me if I'm mistaken, but the pharmacists who refused to do bc/morning after were citing religious reasons for not doing so. The Justice here isn't, so I don't believe that would apply, especially since, as you said before, race is protected under federal law. Legalese makes me go cross-eyed, so I'll leave it up to smarter people here to read the law and interpret.

ETA - A quick Google search makes it appear that the "conscience clause" was (is?) only for healthcare workers. And that Obama was working to repeal it. I don't see any news story that says he actually succeeded in doing so though. But if I'm understand the clause correctly, it wouldn't apply to the JP.

[MontrealMum]

That's just really sad :(

[dcmom2b3]

It's happened pretty frequently, actually, and the Bush administration made a rule that people couldn't be fired for things like this. It's called the conscience clause. So, if the JP was following his conscience in refusing a license to the interracial couple, is he protected too?

I don't think so. Law school is pretty hazy, and I've done no civil rights work, but IIRC the JPs biggest problem is the state action doctrine, which extends the federal constituional guarantees of equal protection and due process to state law. He's a state official denying a license on race-based grounds when it's his duty to issue it. That's like George Wallace claiming conscience (and he probably did) in refusing to integrate the University of Alabama (a public school). JP also isn't asserting any religious basis for his stance, so there's no legitimate competing interest on the other side.

The pharmacists are private-sector, different standards apply.

[ncat]

I was appalled when DH and I got married (in Virginia) and we were REQUIRED to fill out our races on the marriage license. This story definitely goes far beyond that.

[kijip]

If this guy is an attorney I hope someone files a complaint against him with the Louisiana Bar.
:yeahthat: He should be thrown right off the bench.

[american_mama]

I already emailed DH about this story and my anger is that this guy seems to honestly think he can pick and choose which laws and rights he honors. He cannot, not as a citizen, not as an elected official, and not as a justice of the peace. What the hell does it mean for him to be a justice when he so blatantly ignores the very laws he is supposed to follow?

And we as citizens should not just blow him off as a racist freak, but take note that such people still exist and thank God we have a both the legal system and the hard-won laws to check such behavior. Contrary to rhetoric, cases like this demonstrate why we still need an organization like the ACLU, and I am mighty glad for their existence in cases like this.

He estimates denying perhaps 4 couples - 8 people - their legal right to marry in 2.5 years. And he implies, as do the actions of his wife, that he asks every couple who contacts him about their race. There was opportunity to see and change this earlier, if only people are willing to see and act.

[kijip]

Just wanted to share my dad's reaction to this story---I heard him growl and then he said, not un-fiercely, "Sounds like the JP went to sleep 45 years ago if he thinks this sort of **** is acceptable!" He then shared 2 stories with me- that once when he was dating an African American girl in college his dad told him that if he married her, he was not allowed back in the house and my grandmother chimed in "Really, John, you need to grow and and get with the times!" That was 1965ish, my dad would have been 22. He then related that when he lived in New Orleans later on, when he went out with mixed race groups of friends that in the white parts of town, they had to separate by race and walk a bit ahead and behind each other. It's not surprising that these attitudes still exist, it's just outrageous that he thinks it's acceptable to apply them to his civil service.