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CBSNews /

AP/ October 16, 2009, 8:18 AM

Interracial Couple Denied Marriage License

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? 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. "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."
AP
138 Comments Add a Comment
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zeroto60seconds says:
I wish there were more people like you, Justice Bardwell. I salute and admire you. The world would be a better, safer place. It only makes sense that the races shouldn't mix.
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roadog308 says:
Wow!!!! My husband and I have 3 well rounded children, and have been married for 15 yrs. This is amazing to me. Mr. JP you are soooo wrong!!!
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bronwynpn says:
I could have sworn that this type of behavior had disappeared in the 60's.

Would this gentleman please explain why the children of a mixed-marriage couple face difficulties?

There are times when culture must take a back seat to the good of society. This man is obviously a "good ole' boy" who hasn't learned the lessons that the civil rights workers tried to teach. He should be ridden out of town on a rail.
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BeckieBest says:
This is just another daily example of how racist and insane the right wing in this country has become.
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billorights says:
The 'logic' being invoked by this JP seems comparable to the thinking of the pharmacist who refuses to dispense birth control (or similar) drugs for 'reasons of conscience'. As an employee of the state, he is required to perform the duties for which he is paid. If he refuses to perform, it is a personnel matter for his superiors to resolve. It is unlikely that he would be eligible for unemployment insurance benefits, although he should certainly be applying by this time.
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Sodamary says:
Misinformed crybaby think this is payback to blacks and Hispan. for Prop 8 in Cali.? First of all I doubt you would anymore back gay marriage than you would interracial marriage. You sound like just a closet bigot. You think this creep of a judge is anymore sympathetic to gays than he is to blacks and Hispanics? Second, the white wife is getting hurt in this as well, so it's not just a black issue. Finally, Prop 8 had a lot of White support, so don't just blame the communities of color ( who are blamed for enough of this country's ills). Stop thinking that minorities are just supposed to put up with anything that is shoved at them no questions asked, no thought processes needed. Thats what caught this creepy judge off guard. He assumed nobody would contest this garbage, but he thought wrong. Its never safe to take anything for granted!!
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informedone1 says:
I guess payback is a ***** huh? This serves all the blacks and hispanics right that voted for Prop 8 in California. I said one day they'd get paid back for their bigotry, and now it's happening. I know this happened in Louisiana, not California, but hopefully it will start happening in more places in the U.S. They thought it was OK to discriminate against homosexuals and now they're the ones getting discriminated against. Serves them right.
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CA1230 says:
This guy is an embarrassment to the state of Louisiana! I have a cousin who lives in Texas who married a black man 25 years ago. They have one wonderful, bright, college educated daughter who has never had an issue with being bi-racial. It is people like this man who continue to keep the myth of "it only hurts the children" alive when he refuses to understand the color of the skin has NOTHING to do with parenting skills. I have known many, many same race couples who have been divorced multiple times. Some of their children are doing well, others are not. Louisiana, send this guy back to the swamp where he can live alone and not bother the rest of us.
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CGC09 says:
First of all, if you have to explain to people about how u have black friends that u let do this and that, YOU sir are a freaking ignorant bigot. this gets real tiring seeing this **** 2day pardon my french. It is people like this who need to be dealt with and will be dealt with eventually they are gonna run outta gas. You bigots are out numbered, you WILL NOT SUCCEED.
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lsc--2008 says:
Well, one thing is for certain: we don't have to worry about President Obama appointing "Justice" Bardwell to the Supreme Court.
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