Darren Hutchinson: Time warp! Justice of peace won't officiate interracial marriage
[Professor Darren Hutchinson teaches Constitutional Law, Critical Race Theory, Law and Social Change, and Equal Protection Theory at the American University, Washington College of Law.]
I have checked, and this is not a story from The Onion. Apparently, Keith Bardwell, a Louisiana justice of the peace, actually refuses to officiate marriages of interracial couples. Bardwell says he opposes interracial marriages because multiracial children "suffer" (yeah -- from bigots like Bardwell)...
... Bardwell's stance violates Constitution
In 1967 the Supreme Court decided Loving v. Virginia and held that state prohibitions of interracial marriage violated the Equal Protection and Due Process clauses of the U.S. Constitution. Even at that time, only a handful of states banned interracial marriage.
The court also rejected the specious assertion -- which Bardwell has also made -- that banning interracial marriage did not discriminate on the basis of race because neither blacks nor whites could marry outside their race. Banning interracial marriage, however, prohibited blacks from doing something that whites could do (that is, marry whites) and vice versa. Also, the court held that the laws were designed to foster white racial purity -- not to promote racial equality. Someone needs to bring Bardwell up to speed -- fast!
Better yet -- the state should take steps to remove Bardwell from his position. Apparently, the ACLU is already working to get him fired. Bardwell, however, says he will resign before he changes his policy. Given his archaic views on race, Bardwell's resignation is probably the best possible outcome...
Read entire article at Salon
I have checked, and this is not a story from The Onion. Apparently, Keith Bardwell, a Louisiana justice of the peace, actually refuses to officiate marriages of interracial couples. Bardwell says he opposes interracial marriages because multiracial children "suffer" (yeah -- from bigots like Bardwell)...
... Bardwell's stance violates Constitution
In 1967 the Supreme Court decided Loving v. Virginia and held that state prohibitions of interracial marriage violated the Equal Protection and Due Process clauses of the U.S. Constitution. Even at that time, only a handful of states banned interracial marriage.
The court also rejected the specious assertion -- which Bardwell has also made -- that banning interracial marriage did not discriminate on the basis of race because neither blacks nor whites could marry outside their race. Banning interracial marriage, however, prohibited blacks from doing something that whites could do (that is, marry whites) and vice versa. Also, the court held that the laws were designed to foster white racial purity -- not to promote racial equality. Someone needs to bring Bardwell up to speed -- fast!
Better yet -- the state should take steps to remove Bardwell from his position. Apparently, the ACLU is already working to get him fired. Bardwell, however, says he will resign before he changes his policy. Given his archaic views on race, Bardwell's resignation is probably the best possible outcome...