2009 Louisiana interracial marriage incident
Encyclopedia
In October 2009, Keith Bardwell, a Robert, Louisiana
, Justice of the Peace
, refused to officiate the civil wedding of an interracial couple because of his personal views; current state and federal laws have no restrictions against such a marriage in the United States.
The story was first publicized by newswriter Don Ellzey of the Daily Star
(Hammond, Louisiana
). Within a day the story was on the front page of the New Orleans Times-Picayune and was circulated by the Associated Press
. Bardwell has asserted that he is not a racist and that he did not prevent the couple from obtaining a license from another justice of the peace. His action was widely criticized, and many public officials in Louisiana called for his resignation. He resigned on November 3, 2009.
of Louisiana's Tangipahoa Parish, about getting a marriage license
signed. His wife Beth Bardwell reportedly told them that the justice "does not do interracial marriages". Justice Bardwell referred the couple to a justice of the peace of a neighboring ward, who performed the wedding. Although the news media frequently alleged that Bardwell had refused to issue a marriage license, he has emphasized that he has no authority to "issue" a marriage license and that he simply "recused" himself from officiating the ceremony. When interviewed, Bardwell said that he had refused applications to four couples over a period of 2½-years before the news of his refusals was publicized.
s as based on his concern for the children of such marriages, as he believes they are fully accepted neither by black nor white society. Bardwell said, he "came to the conclusion that most black society does not readily accept offspring of such relationships, and neither does white society," and,"I don’t want to put children in a situation they didn’t bring on themselves. In my heart, I feel the children will later suffer." Bardwell asserted that he was not a racist. According to the reporter Tara Bennett, Bardwell was advised by an attorney
to say that he was "busy" on days when he was requested to officiate interracial weddings, "but Bardwell refuses to lie and says [that] he will step down" if obliged to change his policy.
On October 19, Bardwell appeared on the CBS Early Show
, where he was interviewed by Harry Smith
. Bardwell apologized to the couple for offending them. He maintained that he did not deny the couple from being married but only recused himself from performing the ceremony. As he referred them to another justice to be married, he did not see a problem.
were ruled unconstitutional by the Supreme Court of the United States
in the 1967 case Loving v. Virginia
. The American Civil Liberties Union of Louisiana
(ACLU), via attorney Katie Schwartzman, cited that ruling and said that Bardwell knowingly violated judicial precedent by his action. Calling for Bardwell's removal, the ACLU requested that the Louisiana Judiciary Commission investigate the justice's conduct. The interracial couple filed a civil rights
lawsuit
with the United States Federal Court for the Eastern District of Louisiana
, claiming their civil rights were violated. The suit named Beth Bardwell, Keith Bardwell's wife, as co-defendant and sought a monetary settlement, including restitution for emotional distress and mental anguish. Lawyer Laura Lanier Catlett filed the suit on behalf of the plaintiffs.
Barack Obama
, the descendant of an interracial marriage, was at nearby University of New Orleans
for a much-heralded "town hall meeting
" concerning local recovery from the Hurricane Katrina disaster
. When asked about Bardwell's statements, Bill Quigley (Legal Director for the Center for Constitutional Rights
) and White House Deputy Press Secretary Bill Burton said that they had reason to believe a biracial child could do well.
A number of state and local public officials criticized Bardwell's actions. Louisiana Governor Bobby Jindal
called for Bardwell to be fired: Jindal's office released a statement calling Bardwell's refusal to officiate the civil wedding "a clear violation of constitutional rights and federal and state law" and urged that "[d]isciplinary action should be taken immediately—including the revoking of his license." In response during an interview, Bardwell pointed out that he was an elected official and that it was not a licensed position. The Daily Star
editorialized that "Bardwell's personal beliefs are his own, but his responsibility as an elected official is to provide services to the public" and called on him to resign. Front-page articles in the Daily Star reported the disavowal of Bardwell by state, parish, and municipal officials and summarized the worldwide attention to the story.
Bardwell, who had another five years in what he had said would be his last term as a justice of the peace, resigned his post on November 3. Bardwell's resignation was a one-sentence statement to Louisiana Secretary of State Jay Dardenne
. Bardwell offered no explicit explanation and did not immediately respond to requests for elaboration.
Robert, Louisiana
Robert is an unincorporated community in Tangipahoa Parish, Louisiana, United States. It lies east of Hammond, at the intersection of US 190 and LA 445, from which it has a signed exit on Interstate 12...
, Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
, refused to officiate the civil wedding of an interracial couple because of his personal views; current state and federal laws have no restrictions against such a marriage in the United States.
The story was first publicized by newswriter Don Ellzey of the Daily Star
Daily Star (Hammond)
The Daily & Sunday Star is a newspaper published in Hammond, Louisiana, by the Daily Star Publishing Company, located at 725 South Morrison Boulevard, ZIP 70403-5401. As of 2011 the publisher is Keenan Gingles, the executive editor is Lil Mirando, and the city editor is Heidi Rogers Kinchen...
(Hammond, Louisiana
Hammond, Louisiana
Hammond is the largest city in Tangipahoa Parish, Louisiana, United States. The population was 20,049 at the 2009 census. It is home to Southeastern Louisiana University...
). Within a day the story was on the front page of the New Orleans Times-Picayune and was circulated by the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
. Bardwell has asserted that he is not a racist and that he did not prevent the couple from obtaining a license from another justice of the peace. His action was widely criticized, and many public officials in Louisiana called for his resignation. He resigned on November 3, 2009.
Refusal
On October 6, an interracial couple, Beth Humphrey and Terence McKay, inquired of Bardwell, the justice of the peace for the 8th WardWards of the United States
In the United States, a ward is an optional division of a city or town, especially an electoral district, for administrative and representative purposes...
of Louisiana's Tangipahoa Parish, about getting a marriage license
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
signed. His wife Beth Bardwell reportedly told them that the justice "does not do interracial marriages". Justice Bardwell referred the couple to a justice of the peace of a neighboring ward, who performed the wedding. Although the news media frequently alleged that Bardwell had refused to issue a marriage license, he has emphasized that he has no authority to "issue" a marriage license and that he simply "recused" himself from officiating the ceremony. When interviewed, Bardwell said that he had refused applications to four couples over a period of 2½-years before the news of his refusals was publicized.
Bardwell's justification
Bardwell justified his refusal to officiate interracial marriageInterracial marriage
Interracial marriage occurs when two people of differing racial groups marry. This is a form of exogamy and can be seen in the broader context of miscegenation .-Legality of interracial marriage:In the Western world certain jurisdictions have had regulations...
s as based on his concern for the children of such marriages, as he believes they are fully accepted neither by black nor white society. Bardwell said, he "came to the conclusion that most black society does not readily accept offspring of such relationships, and neither does white society," and,"I don’t want to put children in a situation they didn’t bring on themselves. In my heart, I feel the children will later suffer." Bardwell asserted that he was not a racist. According to the reporter Tara Bennett, Bardwell was advised by an attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
to say that he was "busy" on days when he was requested to officiate interracial weddings, "but Bardwell refuses to lie and says [that] he will step down" if obliged to change his policy.
On October 19, Bardwell appeared on the CBS Early Show
The Early Show
The Early Show is an American television morning news talk show broadcast by CBS from New York City. The program airs live from 7 to 9 a.m. Eastern Time Monday through Friday; most affiliates in the Central, Mountain, and Pacific time zones air the show on tape-delay from 7 to 9 a.m. local time. ...
, where he was interviewed by Harry Smith
Harry Smith (television)
Harry Smith is an American television journalist. He hosted the CBS News morning programs, The Early Show and its predecessor, CBS This Morning, for 17 years...
. Bardwell apologized to the couple for offending them. He maintained that he did not deny the couple from being married but only recused himself from performing the ceremony. As he referred them to another justice to be married, he did not see a problem.
Legal status of interracial marriages
State laws prohibiting interracial marriageAnti-miscegenation laws
Anti-miscegenation laws, also known as miscegenation laws, were laws that enforced racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races...
were ruled unconstitutional by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in the 1967 case Loving v. Virginia
Loving v. Virginia
Loving v. Virginia, , was a landmark civil rights case in which the United States Supreme Court, in a unanimous decision, declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby overturning Pace v...
. The American Civil Liberties Union of Louisiana
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(ACLU), via attorney Katie Schwartzman, cited that ruling and said that Bardwell knowingly violated judicial precedent by his action. Calling for Bardwell's removal, the ACLU requested that the Louisiana Judiciary Commission investigate the justice's conduct. The interracial couple filed a civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
lawsuit
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
with the United States Federal Court for the Eastern District of Louisiana
United States District Court for the Eastern District of Louisiana
The U.S. District Court for the Eastern District of Louisiana is a federal trial court based in New Orleans. Like all U.S...
, claiming their civil rights were violated. The suit named Beth Bardwell, Keith Bardwell's wife, as co-defendant and sought a monetary settlement, including restitution for emotional distress and mental anguish. Lawyer Laura Lanier Catlett filed the suit on behalf of the plaintiffs.
Reactions
On the day the story broke, PresidentPresident of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
, the descendant of an interracial marriage, was at nearby University of New Orleans
University of New Orleans
The University of New Orleans, often referred to locally as UNO, is a medium-sized public urban university located on the New Orleans Lakefront within New Orleans, Louisiana, United States. It is a member of the LSU System and the Urban 13 association. Currently UNO is without a proper chancellor...
for a much-heralded "town hall meeting
Town hall meeting
A town hall meeting is an American English term given to an informal public meeting. Everybody in a town community is invited to attend, not always to voice their opinions, but to hear the responses from public figures and elected officials about shared subjects of interest. Attendees rarely voted...
" concerning local recovery from the Hurricane Katrina disaster
Hurricane Katrina
Hurricane Katrina of the 2005 Atlantic hurricane season was a powerful Atlantic hurricane. It is the costliest natural disaster, as well as one of the five deadliest hurricanes, in the history of the United States. Among recorded Atlantic hurricanes, it was the sixth strongest overall...
. When asked about Bardwell's statements, Bill Quigley (Legal Director for the Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
) and White House Deputy Press Secretary Bill Burton said that they had reason to believe a biracial child could do well.
A number of state and local public officials criticized Bardwell's actions. Louisiana Governor Bobby Jindal
Bobby Jindal
Piyush "Bobby" Jindal is the 55th and current Governor of Louisiana and formerly a member of the United States House of Representatives. He is a member of the Republican Party....
called for Bardwell to be fired: Jindal's office released a statement calling Bardwell's refusal to officiate the civil wedding "a clear violation of constitutional rights and federal and state law" and urged that "[d]isciplinary action should be taken immediately—including the revoking of his license." In response during an interview, Bardwell pointed out that he was an elected official and that it was not a licensed position. The Daily Star
Daily Star (Hammond)
The Daily & Sunday Star is a newspaper published in Hammond, Louisiana, by the Daily Star Publishing Company, located at 725 South Morrison Boulevard, ZIP 70403-5401. As of 2011 the publisher is Keenan Gingles, the executive editor is Lil Mirando, and the city editor is Heidi Rogers Kinchen...
editorialized that "Bardwell's personal beliefs are his own, but his responsibility as an elected official is to provide services to the public" and called on him to resign. Front-page articles in the Daily Star reported the disavowal of Bardwell by state, parish, and municipal officials and summarized the worldwide attention to the story.
Bardwell, who had another five years in what he had said would be his last term as a justice of the peace, resigned his post on November 3. Bardwell's resignation was a one-sentence statement to Louisiana Secretary of State Jay Dardenne
Jay Dardenne
John Leigh "Jay" Dardenne, Jr. , has been Louisiana's Republican lieutenant governor since November 22, 2010. He won a special election to the position held in conjunction with the regular November 2 general election. At the time, Dardenne was Louisiana secretary of state...
. Bardwell offered no explicit explanation and did not immediately respond to requests for elaboration.
Lawsuit
Bardwell continued to face a federal lawsuit, which in 2010 continued with the court's determination of pertinent witnesses. In November, 2010, the lawsuit was dropped by the McKays.See also
- Anti-miscegenation lawsAnti-miscegenation lawsAnti-miscegenation laws, also known as miscegenation laws, were laws that enforced racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races...
- Multiracial AmericanMultiracial AmericanMultiracial Americans, US residents who identify themselves as of "two or more races", were numbered at around 9 million, or 2.9% of the population, in the census of 2010. However there is considerable evidence that the real number is far higher. Prior to the mid-20th century many people hid their...
- Race in the United States