{{Short description|American refusal to officiate a civil wedding}} 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, in spite of a 1967 ruling by the United States Supreme Court which prohibited restrictions on interracial marriage as unconstitutional.{{cn|date=June 2024}}
The story was first publicized by newswriter Don Ellzey of the ''Daily Star'' (Hammond, Louisiana).<ref name="hammondstar8847">{{cite news |url=http://www.hammondstar.com/articles/2009/10/15/top_stories/8847.txt |archive-url=https://archive.today/20130125004826/http://www.hammondstar.com/articles/2009/10/15/top_stories/8847.txt |url-status=dead |archive-date=2013-01-25 |author=Don Ellzey |date=2009-10-15 |work=Daily Star |title=JP refuses to marry couple |accessdate=2009-10-17 }}</ref> Within a day the story was on the front page of the New Orleans ''Times-Picayune'' and was circulated by the Associated Press.<ref>Mary Foster, [http://www.nola.com/crime/index.ssf/2009/10/interracial_couple_denied_marr.html "Interracial couple denied marriage license in Tangipahoa Parish"], ''Times-Picayune'', 16 October 2009, Saint Tammany Edition, pp. A1, A2. ''Cf.'' Mary Foster & Eileen Sullivan [http://www.2theadvocate.com/news/64581167.html Groups call for JP's resignation: Organizations upset man wouldn't marry interracial couple], ''Advocate'' (Baton Rouge), 16 October 2009. Early television news reports were [http://www.wdsu.com/news/21308335/detail.html JP Refuses Marriage License To Interracial Couple: Keith Bardwell claims such marriages don't last] {{Webarchive|url=https://web.archive.org/web/20110927230137/http://www.wdsu.com/news/21308335/detail.html |date=2011-09-27 }} on WDSU-TV New Orleans Channel 6 NBC, 15 October 2009; and Carlotta Bradley (of the Associated Press), [https://news.yahoo.com/s/ap/20091015/ap_on_re_us/us_interracial_rebuff Interracial couple denied marriage license] on WAFB-TV Baton Rouge Channel 9 (CBS).{{cite web |url=http://www.nola.com/crime/index.ssf/2009/10/interracial_couple_denied_marr.html |title=Interracial couple denied marriage license in Tangipahoa Parish | NOLA.com |accessdate=2009-10-16 |url-status=bot: unknown |archive-url=https://archive.today/20120908030536/http://www.nola.com/crime/index.ssf/2009/10/interracial_couple_denied_marr.html |archive-date=2012-09-08 }}</ref> 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.<ref name="Deslatte091104">{{cite web | url=http://www.nola.com/crime/index.ssf/2009/11/resignation_of_tangipahoa_just.html | title=Justice who told couple no resigns | date=2009-11-03 | accessdate=2009-11-04 | publisher=Times-Picayune (Metro Edition) | archive-url=https://archive.today/20091107061656/http://www.nola.com/crime/index.ssf/2009/11/resignation_of_tangipahoa_just.html | archive-date=7 November 2009 <!--DASHBot--> | url-status=live }} Deslatte's article, augmented with local contributions by Lil Mirando & Don Ellzey, appeared as [https://archive.today/20130125092941/http://www.hammondstar.com/articles/2009/11/03/top_stories/8830.txt "JP Bardwell resigns: ACLU, NAACP say bigotry not tolerated"], ''Daily Star'' (Hammond), 4 November 2009, pp. 1A, 3A.</ref>
== Refusal == On October 6, an interracial couple, Beth Humphrey and Terence McKay, inquired of Bardwell, the justice of the peace for the 8th Ward 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.<ref name="hammondstar8847" /> In an interview with ''Times-Picayune'' Bardwell falsely claimed the he had no authority to "issue" a marriage license and that he simply "recused" himself from officiating the ceremony.<ref>James Gill, [http://www.nola.com/opinions/index.ssf/2009/10/motives_this_clear_make_it_eas_1.html "Motives this clear make it easy for court"], ''Times-Picayune'', 28 October 2009, Saint Tammany Edition, p. B7. Gill also observed that Louisiana officials universally disapproved of Bardwell's behavior, with the exception of attorney general Buddy Caldwell; Gill noted the AG's office would be obligated to provide defense council to Bardwell as a public official if the case went to court.</ref> Later, Bardwell admitted to have refused applications to four couples over a period of 2½ years before the news of his refusals was publicized.<ref name="bbc09">{{cite news| title=US judge in mixed-race row quits | publisher=BBC News | url= https://news.bbc.co.uk/2/hi/americas/8341556.stm | date=2009-11-04 | access-date=2009-11-04| archive-url= https://web.archive.org/web/20091105053932/http://news.bbc.co.uk/2/hi/americas/8341556.stm| archive-date= 5 November 2009 <!--DASHBot-->| url-status=live}}</ref>
== Bardwell's justification == Bardwell justified his refusal to officiate interracial marriages as based on his concern for the children of such marriages, as he believes they are fully accepted neither by black nor white society.<ref>Elyse Siegel, [http://www.huffingtonpost.com/2009/10/15/interracial-couple-denied_n_322784.html "Interracial Couple Denied Marriage License By Louisiana Justice Of The Peace"], ''Huffington Post'', 16 October 2009.</ref> 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."<ref name="hammondstar8847" /> 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.<ref>Tara Bennett, "Interracial couple denied marriage", ''The Lion's Roar'', 20 October 2009, p. 2 (not online).</ref>
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.<ref name="CBS interview">[http://www.cbsnews.com/video/watch/?id=5396148n&tag=related;photovideo Bardwell's CBS interview with Harry Smith]; [https://www.huffingtonpost.com/2009/10/19/keith-bardwell-explains-r_n_325758.html ''Huffington Post'' site for the same interview.]</ref>
== Legal status of interracial marriages == State laws prohibiting interracial marriage 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.<ref>{{cite news |url=https://news.bbc.co.uk/2/hi/americas/8310509.stm |title=Anger at US mixed marriage 'ban' |publisher=BBC News |date=2009-10-16 |access-date=2009-10-16| archive-url= https://web.archive.org/web/20091017150147/http://news.bbc.co.uk/2/hi/americas/8310509.stm| archive-date= 17 October 2009 <!--DASHBot-->| url-status=live}} See also "ACLU urges ouster of JP," ''Daily Star'' (Hammond), 16 October 2009, pp. 1A, 3A.</ref> 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.<ref>Doug Simpson, [http://www.nola.com/newsflash/index.ssf?/base/national-74/1256079714104020.xml&storylist=louisiana "Couple sue Tangipahoa justice"] {{Webarchive|url=https://web.archive.org/web/20121015221009/http://www.nola.com/newsflash/index.ssf?%2Fbase%2Fnational-74%2F1256079714104020.xml&storylist=louisiana |date=2012-10-15 }} in ''Times-Picayune'', 21 October 2009, Saint Tammany Edition, p. A2. See also [http://www.nola.com/opinions/index.ssf/2009/10/just_abide_by_the_law_mr_bardw.html "Just abide by the law"] (editorial), ''Times-Picayune'', 19 October 2009, Metro Edition, p. B3, and [http://www.jollylager.com/pub/cases/bardwell/bardwellcomplaint.pdf ''Humphrey v. Bardwell'' District Court Complaint] {{Webarchive|url=https://web.archive.org/web/20160303215638/http://www.jollylager.com/pub/cases/bardwell/bardwellcomplaint.pdf |date=2016-03-03 }}.</ref>
== Reactions == On the day the story broke, President Barack Obama, the son 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.<ref>Christi Parsons & Richard Fausset [http://www.dailymotion.com/video/xfrw3o_obama-assures-new-orleans-of-relief_news "Obama assures New Orleans of relief"]</ref> 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.<ref>{{cite web|url=http://www.huffingtonpost.com/2009/10/16/landrieu-keith-bardwell-s_n_324361.html|title=Landrieu: Keith Bardwell Should Be Dismissed For Denying Marriage Licenses To Interracial Couples|date=18 March 2010|work=The Huffington Post}}</ref>
A number of state and local public officials criticized Bardwell's actions.<ref name="Kinchen10/17">Heidi Rogers Kinchen, [https://archive.today/20130125000753/http://www.hammondstar.com/articles/2009/10/17/community/community_news/869.txt "City, parish officials disavow connection"], ''Daily Star'' (Hammond), 17 October 2009, pp. 1A, 3A. Louisiana's U.S. Senators Mary Landrieu (D) and David Vitter (R) both objected to Bardwell's refusal, Vitter's statement being that judges "should follow the law as written and not make it up as they go along" (quoted in Bruce Alpert & Jonathan Tilove, [http://www.nola.com/news/t-p/washington/index.ssf?/base/news-3/1256448818163760.xml&coll=1 "Tangipahoa justice still under fire"]{{Dead link|date=April 2019 |bot=InternetArchiveBot |fix-attempted=yes }} in ''Times-Picayune'', 25 October 2009, Metro Edition, p. A11).</ref> 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".<ref>{{cite news |url=http://www.cnn.com/2009/US/10/16/louisiana.interracial.marriage/index.html |title=Governor calls for firing of justice in interracial marriage case |date=2009-10-17 |author=Samira Simone |accessdate=2009-10-18 | archive-url= https://web.archive.org/web/20091017150640/http://www.cnn.com/2009/US/10/16/louisiana.interracial.marriage/index.html| archive-date= 17 October 2009 <!--DASHBot-->| url-status=live}}</ref> In response during an interview, Bardwell pointed out that he was an elected official and that it was not a licensed position.<ref name="CBS interview" /> 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.<ref>[https://archive.today/20130125221042/http://www.hammondstar.com/articles/2009/10/17/opinion/editorials/8987.txt "Inappropriate decision"] on 17 October 2009, p. 3A.</ref> Front-page articles in the ''Daily Star'' reported the disavowal of Bardwell by state, parish, and municipal officials<ref name="Kinchen10/17" /> and summarized the worldwide attention to the story.<ref>{{cite web|url=http://www.wwl.com/pages/5480208.php?poll64561ViewResults%3D1 |title = * - WWL - AM870 {{!}} FM105.3 {{!}} News {{!}} Talk {{!}} Sports |accessdate=2009-10-20 |url-status=dead |archive-url=https://web.archive.org/web/20110716024237/http://www.wwl.com/pages/5480208.php?poll64561ViewResults=1 |archive-date=2011-07-16 }}</ref><ref>{{cite web|url=http://www.wwl.com/Tangi-JP-tells-national-audience-he-did-nothing-wr/5474826 |title = * - WWL - AM870 {{!}} FM105.3 {{!}} News {{!}} Talk {{!}} Sports |accessdate=2009-10-20 |url-status=dead |archive-url=https://web.archive.org/web/20110716023454/http://www.wwl.com/Tangi-JP-tells-national-audience-he-did-nothing-wr/5474826 |archive-date=2011-07-16 }}</ref><ref>[https://archive.today/20130125022635/http://www.hammondstar.com/articles/2009/10/17/top_stories/business/9092.txt "Tangipahoa draws attention from global media, bloggers"], ''Daily Star'', 17 October 2009, pp. 1A, 2A. On 20 October 2009, a talk program on New Orleans' WWL Radio 870 AM discussed an informal internet poll in which a plurality of respondents preferred that no action be taken against Bardwell ([http://www.wwl.com/pages/5480208.php?poll64561ViewResults=1 WWL Bardwell poll]; {{webarchive|url=https://web.archive.org/web/20110716024237/http://www.wwl.com/pages/5480208.php?poll64561ViewResults=1 |date=July 16, 2011 }} [http://www.wwl.com/Tangi-JP-tells-national-audience-he-did-nothing-wr/5474826 related story by Jay Vise]; {{webarchive|url=https://web.archive.org/web/20110716023454/http://www.wwl.com/Tangi-JP-tells-national-audience-he-did-nothing-wr/5474826 |date=July 16, 2011 }} ''cf''. Jarvis DeBerry's column [http://www.nola.com/opinions/index.ssf/2009/10/when_prejudice_wears_the_mask.html When prejudice wears the mask of reason] in ''Times-Picayune'', 20 October 2009, Saint Tammany Edition, p. B5). On 20 October 2009, Don Ellzey summarized the television networks' attention to the Bardwell story as [https://archive.today/20130124234021/http://www.hammondstar.com/articles/2009/10/20/community/community_calendar/9530.txt "TV networks interview JP, couple"] in ''Daily Star'', pp. 1A, 2A. An internet survey by the ''Daily Star'' measured responses on whether Bardwell should resign ([http://www.hammondstar.com/?poll=45&total=0 Should Bardwell resign?).]</ref>
Bardwell, who had another five years in what he had said would be his last term as a justice of the peace,<ref>{{cite web | url=http://www.hammondstar.com/articles/2009/10/17/top_stories/8847.txt | title=JP refuses to marry couple | publisher=Daily Star (Hammond) | date=2009-10-15 | accessdate=2009-11-04 | quote=Bardwell...said he has been a JP for 34 years and has never had opposition, but this is his last term. According to the Secretary of State’s elected officials database, his current term will expire on Dec. 31, 2014. | archive-url=https://archive.today/20130125021302/http://www.hammondstar.com/articles/2009/10/17/top_stories/8847.txt | archive-date=2013-01-25 | url-status=dead }}</ref> resigned his post on November 3.<ref name="resign">{{cite web|url=http://www.upi.com/Top_News/US/2009/11/03/Justice-of-peace-in-marriage-flap-resigns/UPI-71711257294201/| title=Justice of peace in marriage flap resigns| date=2009-11-03| accessdate=2009-11-04| publisher=United Press International| archive-url= https://web.archive.org/web/20091104120953/http://www.upi.com/Top_News/US/2009/11/03/Justice-of-peace-in-marriage-flap-resigns/UPI-71711257294201/| archive-date= 4 November 2009 <!--DASHBot-->| url-status=live}}</ref> 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.
== Lawsuit == Bardwell continued to face a federal lawsuit,<ref name="Deslatte091104" /> which in 2010 continued with the court's determination of pertinent witnesses.<ref name=RogersBard1>Heidi Rogers Kinchen, {{cite news | title = Judge denies Bardwell witnesses | work = Daily Star | page = 1A | date = 2010-09-17 }}</ref> In November, 2010, the lawsuit was dropped by the McKays.<ref>{{cite news | title = Lawsuit dropped against controversial judge | work = WBRZ.com | date = 2010-11-01 | url = http://www.wbrz.com/news/lawsuit-dropped-against-controversial-ex-justice-of-the-peace | accessdate = 2011-10-17 | archive-url = https://web.archive.org/web/20120401181348/http://www.wbrz.com/news/lawsuit-dropped-against-controversial-ex-justice-of-the-peace | archive-date = 2012-04-01 | url-status=dead }}</ref>
== Aftermath == In 2022, Respect for Marriage Act became law and codified interracial marriages in the United States.<ref>{{Cite news |last=Gambino |first=Lauren |last2=Smith |first2=David |date=2022-12-13 |title=Biden signs landmark law protecting same-sex and interracial marriages |url=https://www.theguardian.com/us-news/2022/dec/13/biden-signs-law-protecting-same-sex-interracial-marriages |access-date=2025-12-21 |work=The Guardian |language=en-GB |issn=0261-3077}}</ref>
== See also == * Anti-miscegenation laws * Multiracial American * Race in the United States * ''Miller v. Davis''
== References == {{reflist|30em}}
Louisiana Interracial Marriage Incident, 2009 Category:2009 in Louisiana Category:African-American history of Louisiana Category:History of African-American civil rights Category:History of Louisiana Category:Interracial marriage in the United States Category:Tangipahoa Parish, Louisiana Category:October 2009 in the United States Category:Anti-black racism in Louisiana Category:Marriage in Louisiana