Isn't it 2009?

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Tyek
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Isn't it 2009?

Post by Tyek »

http://news.yahoo.com/s/ap/20091016/ap_ ... ial_rebuff


Interracial couple denied marriage license in La.
NEW ORLEANS – 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."
I can't believe this really happened. I really enjoyed the old "some of my best friends are black" support statement. I love that he lets them use his bathroom. I wonder if he lets them drink from his cups.
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Re: Isn't it 2009?

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...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."
That's true to some extent, but that doesn't mean he's allowed to make that choice for someone else.
I can't believe this really happened. I really enjoyed the old "some of my best friends are black" support statement. I love that he lets them use his bathroom. I wonder if he lets them drink from his cups.
Doesn't surprise me at all, non-urban America hasn't changed much since the 50s in many respects.
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Re: Isn't it 2009?

Post by Fairweather Pure »

If they were gay it would be expected. Pretty sad commentary IMO.
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Re: Isn't it 2009?

Post by Nick »

How is this not an arrestable offence?
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Re: Isn't it 2009?

Post by Funkmasterr »

Nick wrote:How is this not an arrestable offence?
Ok, is it stupid and possibly offensive that this guy did what he did? Definitely. But you can't seriously think it's against the law? He has the right to not marry whoever he wants. People do have the right to their own personal beliefs, and just because they don't fall in line with yours (or the majority of people's, in this case) doesn't make it illegal.
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Re: Isn't it 2009?

Post by miir »

He has the right to not marry whoever he wants.
No he doesn't.
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Re: Isn't it 2009?

Post by Gzette »

but he can't be prosecuted for it.

I don't know the UK very well, but is being a racist douche bag illegal there?
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Re: Isn't it 2009?

Post by Funkmasterr »

miir wrote:
He has the right to not marry whoever he wants.
No he doesn't.
Yes, yes he does. He is not required by law to marry anyone that comes to him just like a lawyer isn't required by law to take any case that shows up on their desk.
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Re: Isn't it 2009?

Post by miir »

You are mistaken.
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Re: Isn't it 2009?

Post by Hesten »

Dont know how it works in the US, but in denmark, a priest can refuse to marry someone if he dont want to....gay marriages are a right here, but not all priests agree, and a priest are allowed to refuse to marry a gay couple because it goes against his religious beliefs.
But again, if a priest refuse to marry someone, why not find another priests, who would like to be married by a guy/girl who obviously dont want to marry them?
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Re: Isn't it 2009?

Post by miir »

A Justice of the Peace is not a priest, they are an officer of the court.
They are bound by the law and therefore cannot refuse to marry somone based on personal beliefs.
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Re: Isn't it 2009?

Post by Kaldaur »

miir wrote:A Justice of the Peace is not a priest, they are an officer of the court.
They are bound by the law and therefore cannot refuse to marry somone based on personal beliefs.

Yep.
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Re: Isn't it 2009?

Post by Funkmasterr »

miir wrote:A Justice of the Peace is not a priest, they are an officer of the court.
They are bound by the law and therefore cannot refuse to marry somone based on personal beliefs.
I wasn't under this impression, but I could very well be wrong. I tried to google it quick but didn't find what I was looking for and want to get the hell out of work, stat!
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Re: Isn't it 2009?

Post by Nick »

My basic understanding of this is as Miir's.

And if it isn't the case, it should be.
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Re: Isn't it 2009?

Post by Fairweather Pure »

Religions can hate niggers and faggots all they want, but if you work for the government you are required to leave your hatred at the door and do your fucking job. It's sad that the government is required to be fair and tolerant, yet religions (who are suppossed to be by their very nature) are anything but.

Things that make you go hmmmmmm!

This guy should be prosecuted. End of story. Well, it's the south so his peers would just give him a free pass anyway.
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Re: Isn't it 2009?

Post by VariaVespasa »

He cant be prosecuted, its not a criminal offense in that way. He might, possibly, be sueable. But he can and should be fired for failure to perform his duties.
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Re: Isn't it 2009?

Post by Aabidano »

VariaVespasa wrote:He cant be prosecuted, its not a criminal offense in that way. He might, possibly, be sueable. But he can and should be fired for failure to perform his duties.
It's not a criminal offense as Varia said, so he can't be arrested for it.

It may not even be a violation of his duties, as I'm sure someone has put an general clause in there to prevent people from being required to do something against their beliefs. In this case, his right to be a self righteous douchbag.
Well, it's the south so his peers would just give him a free pass anyway.
You're probably correct, but also it's no different down here than anyplace else in the country. I see\hear more blatant racism in when I'm up North than I do down here. Which has always seemed odd given there are a lot more non-whites down here. Might be easier to be bigoted against someone you only see on TV.
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Re: Isn't it 2009?

Post by Aardor »

Aabidano wrote: It's not a criminal offense as Varia said, so he can't be arrested for it.

It may not even be a violation of his duties, as I'm sure someone has put an general clause in there to prevent people from being required to do something against their beliefs. In this case, his right to be a self righteous douchbag.
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.
"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."
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.
My favorite comment so far:
"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.
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Re: Isn't it 2009?

Post by Aabidano »

Really runs the gamut depending on the state.
http://en.wikipedia.org/wiki/Justice_of_the_peace
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Re: Isn't it 2009?

Post by Gzette »

If it is at all similar to Texas, then the JP is elected and requires no formal legal education, training or certification. Mostly what they do here is marry people and sign death certificates and warrants.

Edit: yep largely the same in LA. Only education requirement is a HS diploma. Removing this JP will likely be quite hard. He's the guy those backward fucks voted for. The supreme court in LA is apparently trying, but so far to no avail. All the more reason to vote in ALL elections, not just presidential and congressional elections. Fucks like this can get re-elected over and over again in mid year, odd year elections, when turnout is extremely low. He can go round up his huntin'/drinkin' buddies and wrastle himself up a majority.
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Re: Isn't it 2009?

Post by Sueven »

I am a lawyer!

It is against the law. Interracial couples have a constitutional right to marry. It is unlawful for a state actor to violate the constitutional rights of a person. Ergo, this was unlawful.

It is not, however, criminal.

The couple likely could sue him and win. However, they'd probably functionally only receive a declaration that their constitutional rights were violated, they wouldn't get any real money or anything.
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Re: Isn't it 2009?

Post by Aabidano »

Sueven wrote:I am a lawyer!
Passed the bar? Congrats.
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Re: Isn't it 2009?

Post by Sueven »

Thanks!
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Re: Isn't it 2009?

Post by Drasta »

wow .. i gotta ask my aunt about this .. she lives in NO
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Re: Isn't it 2009?

Post by Spang »

Funkmasterr wrote:...I could very well be wrong.
You usually are.
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Re: Isn't it 2009?

Post by Lynks »

Tyek wrote:I really enjoyed the old "some of my best friends are black" support statement.
Not as good as this. "they use my bathroom." I'm going to use this.
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Re: Isn't it 2009?

Post by Aabidano »

I really enjoyed the old "some of my best friends are black" support statement.
Not as good as this. "they use my bathroom." I'm going to use this.
One of my relatives probably isn't much different, one of her oldest friends of 30+ years is black. She's done volunteer work since the early 70s and will go far out of her way for anyone, regardless of race. Was one of the only ones willing to deliver meals on wheels in a primarily black, crime ridden area near where I grew up.

At the same time she's very bigoted against "generic", for lack of a better term blacks (and jews).
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Re: Isn't it 2009?

Post by Gzette »

This JP resigned today:

http://www.huffingtonpost.com/2009/11/0 ... 44427.html

Good riddance
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Re: Isn't it 2009?

Post by Zaelath »

Aabidano wrote:
At the same time she's very bigoted against "generic", for lack of a better term blacks (and jews).
If you mean she gives people a chance to act like people then comes down hard on people that act like assholes because they have a chip on their shoulder, I don't see how that's "bigoted".

Would you say I'm bigoted against my own race because I can't stand white trash, or rednecks, or far left/right jackasses?
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