Interracial Couple Denied Marriage License in Louisiana
October 15, 2009 - 3:58 PMA 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.
Neither Bardwell nor the couple immediately returned phone calls from The Associated Press. But Bardwell told the Daily Star of Hammond that he was not a racist.
"I do ceremonies for black couples right here in my house," Bardwell said. "My main concern is for the children."
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.
"I don't do interracial marriages because I don't want to put children in a situation they didn't bring on themselves," Bardwell said. "In my heart, I feel the children will later suffer."
If he does an interracial marriage for one couple, he must do the same for all, he said.
"I try to treat everyone equally," he said.
Thirty-year-old Beth Humphrey and 32-year-old Terence McKay, both of Hammond, say they will consult the U.S. Justice Department about filing a discrimination complaint.
Humphrey told the newspaper 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.
"It is really astonishing and disappointing to see this come up in 2009," said American Civil Liberties Union of Louisiana attorney Katie Schwartzman. "The Supreme Court ruled as far back as 1963 that the government cannot tell people who they can and cannot marry."
The ACLU was preparing a letter for the Louisiana Supreme Court, which oversees the state justices of the peace, asking them to investigate Bardwell and see if they can remove him from office, Schwartzman said.
"He knew he was breaking the law, but continued to do it," Schwartzman 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.
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