BATON ROUGE, La., Oct. 20, 2009

Judge Who Denied Interracial Marriage Sued

Louisiana Couple Files Civil Rights Suit against Official Who Believes that Miscegenation Harms Children

  • Play CBS Video Video Justice Says Law Wasn't Broken

    Louisiana justice of the peace Keith Bardwell, who denied a marriage license to an interracial couple, spoke to Harry Smith about the incident, claiming he did not break the law.

  • Keith Bardwell on The Early Show.

    Keith Bardwell on The Early Show.  (CBS)

(CBS/AP)  A Louisiana justice of the peace is facing a federal lawsuit for refusing to perform a marriage ceremony for a black man and a white woman.

The couple, Beth Humphrey and Terence McKay, filed the suit against Keith Bardwell on Tuesday, alleging that Bardwell violated their civil rights when he refused to perform the ceremony because they were of different races. The suit seeks financial penalties because of mental anguish and emotional distress.

Bardwell, a justice of the peace in Tangipahoa Parish, has said he routinely "recuses" himself from marrying interracial couples because he believes such marriages cause harm to the couples' children.

Bardwell told CBS' "The Early Show" yesterday he doesn't see what the problem is with what he did and that the couple is now married anyway.

"I'm sorry, you know, that I offended the couple, but I did help them and tell them who to go to and to get married," he said. "And they went and got married, and they should be happily married, and I don't see what the problem is now."

Bardwell told "Early Show" co-anchor Harry Smith, "I've had countless numbers of people that was born in that situation, and that they claim that the blacks or the whites didn't accept the children. And I didn't want to put the children in that position."

Bardwell also said he does not issue marriage licenses, he just performs the ceremonies.

However, according to Humphrey, Bardwell wouldn't issue them a marriage license. Humphrey says she initially spoke to Bardwell's wife, who said her husband would not issue the license because they are an interracial couple.

Humphrey said, "I was just completely shocked. I had no words."

McKay added, "He's not going to marry us because your black, and I'm white. ... It's 2009."

Bardwell denied on "The Early Show" that he broke any laws.

"The law says that I cannot deny mixed race marriages," he said. "And that means prevent them from getting married. And I did not prevent them getting married."

© MMIX, CBS Interactive Inc. All Rights Reserved.
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Add a Comment See all 23 Comments
by pjk12354 November 3, 2009 9:41 PM EST
Kieth,

As much as you would like to think otherwise, you and anyone else in the Republican Party are not God. The couple that came to you to be married did everything legally and you flat refused to do your duty as a Judge. That, my friend, is pure descrimination. They have a solid case against you. I think it is time for you to find out who God really is.
Reply to this comment
by mascsite October 25, 2009 2:45 AM EDT
www.mascsite.org

MASC (Multiracial Americans of Southern California) disagrees with the judge?s assertion that mixed race people ?suffer.? If any issues faced by multiracial people exist, they often stem from having to contend with the negative attitudes and beliefs about our community by outsiders who hold prejudiced and racist views. Research shows that the experience of the multiracial has been incorrectly pathologized, and that their identity formation and overall adjustment is healthy. We also find that there is often a greater ability to interact with and an increased respect for different ethnic/cultural/racial groups. MASC recognizes that President Obama is multiracial, and asserts that his racial/ethnic background has served to benefit him rather than cause him to ?suffer.?

The 2000 Federal Census created the first ever option to check off more than one race as an effort to allow accurate identification of oneself, or one's child as a person embodying more than one racial / ethnic background. This was created to make visible a community never before counted - multiracials ? who are children of interracial/ethnic marriages.

MASC, a nonprofit in existence for 20 years, and many similar nonprofits locally and nationally in the US firmly oppose any person who defies the 1967 Supreme court decision that lifted the ban on interracial marriages.

www.mascsite.org
Reply to this comment
by ianlou October 21, 2009 10:27 AM EDT
What this world needs is less mixed individules like Tiger Woods, Bob Marley and Barack Obama, and more all white bubba's like this Judge.

Yeah, Right.

This judge is evidence that there's nothing like a limited gene pool to produce ril-marikins.
Reply to this comment
by twistedsister1959 October 21, 2009 4:35 AM EDT
The JP from Tangi Parish will have to be removed by the La. Supreme Court. Booby Jindal wants to show the USA he is presidential material(please hold your laughter) so it will be very interesting to see how the governor handles this mess. Tangi Parish,one of the Florida parishes, grew very fast after Hurrrican Katrina. La. doesn't have counties. They have parishes. It is located on the North Shore of Lake Ponchatrain. It has an excellent university- one of the fastest growing universities in the country, Southeastern La. University located in Hammond. However, the area is still mostly rural and I know that 1950's attitudes still exist. I see it everyday. It is the attitude of the people in the area like it or not. Both blacks and whites separate themselves still at church, funeral homes and even the school system. The white kids who can afford it go to private school. You may not understand it but it is how things are done by both races still in this day in age. Hopefully, the couple will win the suit and Tangi can move on into the 21st century. It has beautiful land and rivers but very ignorant people, both races included. Hey, Tangi gave you Brittney Spears cut them some slack.
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by mejordelahistoria October 21, 2009 2:55 AM EDT
I guess this judge is about to join the ranks of the unemployed.
Reply to this comment
by eus109937 October 21, 2009 1:34 AM EDT
Hopefully the state of Louisiana and the county of Tangipahoa Parish will have to pay millions to this couple. This country is all about money and money talks. To bankrupt this county and their taxpayers will ensure they do not hire racist, bigoted people for public office.
Reply to this comment
by kansas1946 October 21, 2009 12:34 AM EDT
Bardwell, a justice of the peace in Tangipahoa Parish, has said he routinely "recuses" himself from marrying interracial couples because he believes such marriages cause harm to the couples' children.
********************************************

LOL. And just MAYBE one of those children could grow up to be President of the United States. Nah, no chance. :o)
Reply to this comment
by brianbwb-2009 October 21, 2009 12:26 AM EDT
"The law says that I cannot deny mixed race marriages," he said. "And that means prevent them from getting married. And I did not prevent them getting married."

Wrong, Mr. failed remedial English, it means you cannot refuse to marry them in the grounds of being from different ethnic heritages.

Period.
Reply to this comment
by watkinsjr2000 October 21, 2009 12:21 AM EDT
Somebody needs to clue this dude in on the fact that we're in the 21st century now, NOT the 19th.People like this give the south a bad rep!
Reply to this comment
by prajaowain October 21, 2009 12:17 AM EDT
I can't believe this! WOW! What a moron. These are the people that have power over us. Wake up people!
Reply to this comment
by rwsmith29456 October 20, 2009 10:47 PM EDT
Bardwell said, "The law says that I cannot deny mixed race marriages," he said. "And that means prevent them from getting married. And I did not prevent them getting married."

So if a person of color is denied service at a diner because of their race and they go to another diner and be served, the owner of the first diner isn't guilty of discrimination because he didn't prevent the person from getting lunch anywhere else?????
Reply to this comment
by bigmo47 October 20, 2009 11:32 PM EDT
So if a person of color is denied service at a diner because of their race and they go to another diner and be served, the owner of the first diner isn't guilty of discrimination because he didn't prevent the person from getting lunch anywhere else?????

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Only if the cook recuses himself from meal preparation and suggests the colored restaurant around the corner. In that case, he should be good to go!!! This J.P. is an idiot.

By the way a J.P. in LA is not requred to have any formal legal training. Once elected they are trained by the Attorney Generals office and that training permits them to perform weddings and preside over small claims issues (< $5,000) that don't involve deeded property. That's it!!
by lmartink October 20, 2009 11:40 PM EDT
Bubba Judge still blew it. Expert level attornesy with year of experience in civil rights law will come seeking the plaintiff. The Meadow Maggo can bleat, and Bahh all he wants, while others are looking for lambchops.
by bill0bob October 20, 2009 10:13 PM EDT
"Bardwell, a justice of the peace in Tangipahoa Parish, has said he routinely "recuses" himself from marrying interracial couples because he believes such marriages cause harm to the couples' children."

So, Bardwell claims the children would suffer less harm if the parents WEREN'T married? In addition to being a racist, he is an effing IMBECILE!
Reply to this comment
by brianbwb-2009 October 21, 2009 12:17 AM EDT
Let us hope that soon he will be a jobless, homeless imbecile, and if the state does not revoke his standing as a J.P., let us then hope that the couple will be compensated for millions in a class action suit including all other cases he has denied, or from which he has recused himself.
by gramto8 October 20, 2009 9:19 PM EDT
This is one lawsuit that is totally legitimate in my opinion. This racist JP needs to be removed from the bench in any manner available. Judges that are voted in can be removed in ways other than voting them out, so I don't see why a JP can't be.
Reply to this comment
by stuart-johns2 October 20, 2009 10:24 PM EDT
Well he can be removed. You're right. The case will be interesting. It's really one of smantics.
by gramto8 October 21, 2009 5:04 AM EDT
by stuart-johns2 October 20, 2009 10:24 PM EDT
Well he can be removed. You're right. The case will be interesting. It's really one of smantics.
_______________________________
I really wasn't pushing for an illegal method of 'removing' judges or JPs. I was referring to impeachment, removal by Congress, firing, etc. Various states have various ways to remove their jurists who have proven to be unable to do their jobs without bias.
by stuart-johns2 October 21, 2009 6:13 AM EDT
by gramto8 October 21, 2009 5:04 AM EDT

Yeah gram08, that's what I thought you meant. I did'nt think you were alluding to anything illegal at all. No, I got you. I understood.
by rafterman1 October 20, 2009 8:34 PM EDT
Run away the second someone says "we are going it for the children". That is code for "a whole lot of Constitutional rights are about to get stomped on".

And even if you drop the rcacist component for a second - who died and made this guy the overseer of marriages? His job is to make sure they are of legal age and sound mind. Not to decide who he thinks is going to make it or not in marriage. Who does he think he is? How arrogant.
Reply to this comment
by lorajeantn October 20, 2009 8:16 PM EDT
I'm curious...would this man have married the couple if the woman was over child bearing age? Say, in her 50's or 60's? My bet is that he wouldn't have, and he's just hiding his racism behind a false "concern for the children".
Reply to this comment
by bigmo47 October 20, 2009 9:14 PM EDT
Outstanding comment! He would probably just say that no one knows what the Lord has in store for that woman and she might get pregnant despite her menopause and her fiancee's vasectomy. I'm sure he claims to be a "devout Christian". Make no mistake, this is pure hatred and he thinks he's discovered a way to circumvent the law. If he feels so strongly that the laws of his nation, state and community are incorrect, he needs to "recuse" himself permanently from the bench.

Oh yeah, he specifically wore that shirt on the show in order to eliminate any doubt about him being a redneck.
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