• Home
  • News
  • Complaints Mount Against JP Who Refused Marriage License to Interracial Couple

Family Law

Complaints Mount Against JP Who Refused Marriage License to Interracial Couple

Posted Oct 16, 2009 8:30 AM CST
By Molly McDonough

An elected justice of the peace in Hammond, La., has said he will not sign a marriage license for interracial couples out of a concern for the children of such marriages.

The American Civil Liberties Union and a couple who approached the JP for the marriage license plan to pursue complaints against Keith Bardwell, who is white, the Baton Rouge Advocate reports.

The couple involved in the incident said they plan to consult the U.S. Justice Department about the matter, which occurred Oct. 6.

On Thursday, Bardwell told the Advocate that whenever a couple calls him to do a marriage, he always asks if they are of the same race.

If the answer is no, he refers them to another justice of the peace.

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

“It is really astonishing and disappointing to see this come up in 2009,” ACLU lawyer Katie Schwartzman is quoted saying. Schwartzman says the ACLU of Louisiana is preparing a letter to the state supreme court, which oversees the Louisiana Justices of the Peace and Constables Association to have Bardwell investigated and removed from office.

According to the Louisiana Attorney General's Justices of the Peace and Constables materials, JPs are elected to six-year terms as the judicial authority of a ward or district. In addition to the authority to perform marriage ceremonies, they have jurisdiction over civil matters when the disputed amount doesn't exceed $5,000.

To qualify for office, a JP need not be a lawyer, but should be of "good moral character," must meet residency requirements, read and write the English language and possess a high school diploma or GED.

Updated Oct. 17 to add details about the qualifications to serve as a JP in Louisiana.

Comments

1.

Anon
Oct 16, 2009 8:44 AM CST

It blows the mind…

Flag this comment

2.

Esq.
Oct 16, 2009 9:06 AM CST

The judge’s concern about the children is what, exactly?  Did he miss the fact that President Obama is bi-racial and appears to be doing ok in life.  I could name at least several dozen other prominent bi-racial individuals,  but I’m hoping the Judge has at least heard of Obama.

Does this Judge have an issue with marrying first cousins?

Flag this comment

3.

Doc S
Oct 16, 2009 9:09 AM CST

Welcome to 1957.  What’s next, separate drinking fountains in the court house?

Flag this comment

4.

Crystal G
Oct 16, 2009 9:14 AM CST

As a mixed race person please inform the Judge that I’m doing well. As is my white husband.

Flag this comment

5.

JAL
Oct 16, 2009 10:42 AM CST

The judge’s concern is that the biracial children may have to deal with ignorant racist people like himself.

Flag this comment

6.

AndytheLawyer
Oct 16, 2009 11:46 AM CST

There are states in which a “justice of the peace” need not be a lawyer.  I’d bet Louisiana is one of them. That said, the U.S. Supreme Court’s opinion in Loving v. Virginia should require this idiot to comply with the law or be stripped of his power.

Flag this comment

7.

TRF
Oct 16, 2009 12:32 PM CST

This guy is definitely not a judge.  He’s not even a lawyer.  What he is (other than an embarassment to the state), is a good example of why justice of the peace is an oudated and redundant position.

Flag this comment

8.

df
Oct 16, 2009 2:46 PM CST

I’m what might be called mixed-race by some myself. The JP (NOT judge - can’t the ABA Journal get it right?!) was wrong. But at least he was open about it, and sounds like a wrong, mistaken, but not “bad” person, capable of learning. Nothing he did stopped anyone from getting married, they were specifically directed to another JP.

I mean, compared to some of nasty things that some “real” judges do, as documented on this site, I find it hard to get too worked up about this.

Flag this comment

9.

WilliamBednarz
Oct 16, 2009 3:49 PM CST

..Another less than a meaningful comment…...
..The world is ruled through the eyes of a child..
An ADULT ?.? that makes such a statement ?.?  BIGOT ?.?  Racist ?.?
Through the innocent eyes of a child is tommorrows justice…....
REALLY A JUDGE ?.?.?.?

Flag this comment

10.

B. McLeod
Oct 17, 2009 9:55 AM CST

Man, oh man, Scoob.  Like, how did the “Rebels” project miss this guy?  He clearly wants to make some changes in law and practice.  I wonder if he has a portrait of PGT Beauregard on his office wall.

Flag this comment

Add a Comment

We welcome your comments, but please adhere to our comment policy.

Commenting has expired on this post.