Justice of Peace Denies Marriage License to Interracial Couple

October 19, 2009

Louisiana Justice of the Peace Keith Bardwell refused to marry an interracial couple. As reported by the Associate Press, Bardwell would not issue a marriage license to Beth Humphrey, who is white, and Terence McKay, who is black, “out of concern for any children the couple might have.” Bardwell justifies his actions by saying that “it is his experience that most interracial marriages do not last long.” However, in the 1967 case of Loving v. Virginia, the United States Supreme Court ruled that “under our constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.” Despite his actions, Bardwell maintains “ ‘I’m not a racist. I just don’t believe in mixing the races that way.’ ”

Discussion Questions: 
  • What message do Bardwell’s actions send to interracial couples? What message do they send to those who oppose interracial marriage? What is the danger in allowing someone in a position of legal authority to send such a message?
  • The American Civil Liberties Union (ACLU) sent a letter asking the Louisiana Judiciary Committee to “investigate Bardwell and recommending ‘the most severe sanctions available, because such blatant bigotry poses a substantial threat of serious harm to the administration of justice.’ ” Do you agree with the ACLU? How might Bardwell’s actions pose a threat to the administration of justice?
  • Bardwell says that after talking with blacks and whites and witnessing interracial marriages, he “came to the conclusion that most of black society does not readily accept offspring of [interracial] relationships, and neither does white society.” How would you respond to Bardwell’s concern for the children of interracial couples? If Bardwell is worried about the treatment of interracial children, what other steps might he take to address his concern?
  • Bardwell claims “ ‘I’m not a racist. I just don’t believe in mixing the races that way.’ ” He says “ ‘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.’ ” How would you respond to Bardwell’s statements?
  • Bardwell maintains “ ‘I try to treat everyone equally.’ ” By refusing to marry Humphrey and McKay, is Bardwell treating everyone equally? Has Bardwell discriminated against Humphrey and McKay? How so?