Tuesday, October 20, 2009

Justice of the Peace may be racist

In what has to be one of the most absurd and unacceptable decisions by a legal system, Justice of the Peace Keith Bardwell has denied an interracial couple a marriage license.

Why?

Because:

he had discussed the topic with blacks and whites. “There is a problem with both groups accepting a child from such a marriage,” Mr. Bardwell said. “I think those children suffer, and I won’t help put them through it.”

Despite how ridiculous that sounds, he goes on to say this:

"I'm not a racist. I just don't believe in mixing the races that way," Bardwell said.
"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." [emphasis added]

There have been calls from everyone, including the Governor of Louisiana (the infamous Bobby Jindal) to have Justice Bardwell removed from office.  He is, technically, an elected official, so this is not as simple as it may seem. 

Besides the obvious racism and the unnecessary proselytizing, there is an argument to be made that Justice Bardwell may have broken state law by refusing to conduct a marriage without reason to doubt capacity to enter into this contract.  Essentially, by refusing on prohibited grounds.

Listen to Bardwell’s response below:

Further, it seems that Louisiana's law may be interpreted in a way favourable to Bardwell, according to CNN.

A state statute says justices of the peace may perform marriage ceremonies, but it does not require such officials to do so, Tammi Arender, a spokeswoman for the Louisiana attorney general, told CNN on Monday.

However, the Louisiana Supreme Court does have the ability to remove him from office if they deem it appropriate.  In this case, I sure hope they do.

[Source: CNN, LA Times, NYT]

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