Louisiana justice of the peace denied marriage license to interracial couple

[Sunni Man]

If he doesn't want to marry them.

He shouldn't be force to.

They just need to go somewhere else to get married.

 

[Intense]

Thank God for social conservatives keeping America on the right track.

What in the world does that have to do with Social Conservatism, mud slinging but licker?

 

[AllieBaba]

Exactly. It isn't the primary function of a JP to perform marriage ceremonies, and in fact many just refuse to do it. That doesn't make him any less of an asshole, but I'm telling you, if they'd just asked a non-denominational minister to marry them, it wouldn't have been an issue.

Our judges have certain days they set aside for performing wedding ceremonies.

 

[Dr.House]

Thank God for social conservatives keeping America on the right track.

Thank God for broad-brushing assholes like you...

 

[AllieBaba]

Well at least one of them did, in Umatilla County. I'm not sure any of the others even did it at all. It was probably a rotating duty.

 

[AllieBaba]

Social conservatives are also known as liberals.

 

[kwc57]

Must have hit a nerve.

 

[Intense]

Must have hit a nerve.

Do you even know what Party the JP is registered with? You presume allot.

 

[Dr.House]

Must have hit a nerve.

Of course you would think this... I'd expect nothing less from someone like you...

Try a Wagner power sprayer, though... Works much better when you're broad-brushing...

 

[AllieBaba]

The only nerve that was hit was the one that affects my funny bone, because "social conservatism" isn't the correct description of any conservative or Republican.

 

[Dr.House]

Must have hit a nerve.

Do you even know what Party the JP is registered with? You presume allot.

KFC57 is the kind of guy that would claim ALL conservatives lack morals because of the actions of guys like Mark Sanford...

It's what broad-brushers do...

 

[theHawk]

Gysgt....the responses here are so typical of the left in this country anymore. They don't give a damn that the fact of the matter is this man has the RIGHT to refuse to marry anyone.

he has the right to decline to marry people for no reason or any reason at all...

but not for DISCRIMINATORY reasons.

In case no one told you, Loving v VA outlawed anti-miscegenation laws.

And why you'd defend racist trash is beyond me.

oh wait... never mind.....

If he has the right to decline to marry people for any reason, that would include discriminatory reasons.

Not sure what Loving v VA is, sounds like a court ruling. I'll take you for your word that it outlawed anti-miscegenation laws, but a justice not performing a marriage isn't the same as passing into law a ban on interracial marriages.

 

[PLYMCO_PILGRIM]

USA Today

Today's Wake-up Call: JP won't sign license for interracial couples

A Louisiana justice of the peace who refused to issue a marriage license to an interracial couple last week says he's no racist but has drawn a sharp rebuke from civil rights organizations in the state, The Daily Star of Hammond reports.

The couple say they plan to consult the U.S. Justice Department about filing a discrimination complaint.

Keith Bardwell, justice of the peace in Tangipahoa Parish, defends his actions by saying that it is his experience that most interracial marriages do not last long, The Star says.

“I’m not a racist,” Bardwell says. “I do ceremonies for black couples right here in my house. My main concern is for the children.”

Beth Humphrey, 30, and her boyfriend, Terence McKay, 32, both of Hammond, said they tried to get a marriage license last week but were told the JP will not sign licenses for interracial marriages.

“I simply can’t believe he can do that. That’s blatant discrimination,” Humphrey says, according to the newspaper.

Louisiana ACLU Executive Director Marjorie R. Esman called Bardwell's move both “tragic and illegal," the newspaper says.

Pat Morris, local NAACP president, says she was shocked to hear that the choice of a spouse is still an issue in the parish.

Bardwell, who has been a JP for 34 years, says the state attorney general told him years ago that he would eventually get into trouble for not performing interracial marriages, The Star says.

“I told him if I do, I’ll resign,” Bardwell says. “I have rights too. I’m not obligated to do that just because I’m a justice of the peace.”

This story makes me sad. What the hell is wrong with people?

Oh and Rightwinger can you edit the link to the story in your op? (as if i was a mod )

 

[nodoginnafight]

if they'd just asked a non-denominational minister to marry them, it wouldn't have been an issue.

A JP is supposed to be non-denominational - he was elected to perform the duty. If he refuses to do his legal duty ..... what SHOULD be the recourse?

What happens if a cop says, "go find another cop to report your crime to"? Or if a teacher says, "I won't teach children of Irish decent"?

It's not his option and not his call - just his duty to do the job he was elected to do.

Only possible mitigation that some have suggested is that IF it can be determined that there are still some laws in effect that outlaw the marriage.

 

[lawbuff]

The JOP is an instrument/agent of the government, or a state actor.

Loving cleary points out a state can not deny a marriage license to different races.

Judge's enjoy absolute immunity from a personal civil suit, except in rare cases, but in an official capacity, they can be sued, that is, appeal/Injunction, Mandamus, etc.

The decision will be overruled on appeal and the Judge needs to have his license to practice law suspended. Unless in Louisiana, such inferior court magistrates do not have to be lawyers, such as in Ohio here we have a few Mayor's court's left, if I am not mistaken.

To violate a clearly established Constitutional right is "in and of itself" UNconstitutional, see syllabus:


FindLaw | Cases and Codes


I have this case in my notes. This Judge was suspended for 6 months by the Ohio Supreme Court. She intentionally denied bail to a pregnant woman because the defendant said, if released, she would have an abortion.



http://www.sconet.state.oh.us/rod/docs/pdf/0/2001/2001-ohio-1326.pdf

I believe if I remember right, a personal capacity suit was filed? Given judicial immunity, I don't know how the case was resolved?

 

[theHawk]

The JOP is an instrument/agent of the government, or a state actor.

Loving cleary points out a state can not deny a marriage license to different races.

The "state" didn't deny a marriage license.

 

[PLYMCO_PILGRIM]

Oh who is the mod that just confused the crap out of me

someone merged threads

 

[theHawk]

if they'd just asked a non-denominational minister to marry them, it wouldn't have been an issue.

A JP is supposed to be non-denominational - he was elected to perform the duty. If he refuses to do his legal duty ..... what SHOULD be the recourse?

What happens if a cop says, "go find another cop to report your crime to"? Or if a teacher says, "I won't teach children of Irish decent"?

It's not his option and not his call - just his duty to do the job he was elected to do.

Only possible mitigation that some have suggested is that IF it can be determined that there are still some laws in effect that outlaw the marriage.

Even if it is his job to marry people, you still cannot force anyone to do a job. If a person chooses they can refuse. You can fire them of course. But you can hardly throw someone in jail just for not doing their job.

EDIT: Unless in not doing their job puts people in immediate physical danger.

 

[lawbuff]

Not sure what Loving v VA is, sounds like a court ruling. I'll take you for your word that it outlawed anti-miscegenation laws, but a justice not performing a marriage isn't the same as passing into law a ban on interracial marriages.

He refused to issue them a marriage license, period. This is not legal.

VA's statutory scheme, which included refusal to issue such, was struck down:

...The central features of this Act, and current Virginia law, are the absolute prohibition of a "white person" marrying other than another "white person," [n7] a prohibition against issuing marriage licenses until the issuing official is satisfied that [p7] the applicants' statements as to their race are correct, [n8]...


Loving v. Virginia

 

[lawbuff]

The JOP is an instrument/agent of the government, or a state actor.

Loving cleary points out a state can not deny a marriage license to different races.

The "state" didn't deny a marriage license.

State actor refers to color of law, ergo, he IS the government.