Interracial marriage hits headlines again
All too frequently it seems that stories are picked up by the national media that make most Americans shake their heads and wonder what century these newsmakers are living in.
Just this month two Republican county chairmen in South Carolina had to apologize for a newspaper op-ed that they wrote in which they stereo-typed Jews as financial penny-pinchers.
But the story that got even more attention came out of another southern state: Louisiana. An elected justice of the peace, Republican Keith Bardwell, made headlines across the country for refusing to issue a marriage license or preside over the wedding of Beth Humphrey, who is white, and Terence McKay, who is black.
Justice Bardwell’s reasoning for his refusal to marry this particular couple boiled down to the fact that they are interracial.
According to a CBS report, Louisiana’s Judicial Code requires officials like Bardwell to “perform judicial duties without bias or prejudice.” The fact is that interracial marriages are legal in every state, and it is unlawful for Bardwell to refuse to perform them.
Granted, this country has had a troubled racial past. In 1883, the Supreme Court allowed for states to ban mixed-race marriages, finding that this did not break the constitutional requirement of treating everyone equally, arguing that both blacks and whites were punished equally for breaking the anti-miscegenation laws.
As unbelievable as it may sound, that ruling stayed in place until the 1967 Loving v. Virginia decision was made. The U.S. Supreme Court at that time tossed out any racially-based limitations on marriage. In a unanimous decision, the Court decided 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,” as was reported by CNN. Louisiana was one state that did not repeal its anti-miscegenation laws until it was forced to do so in 1967.
It is clear by his actions that justice of the peace Bardwell has chosen to purposefully ignore that decision, refusing to follow current law, but to embrace the outdated laws and thinking that have no place in 21st century America, where today the president of the United States’ own parents were an interracial couple. Not only are Mr. Bardwell’s actions reprehensible, but his own words makes it even clearer that this man is not fit for any position which requires serving the public.
In an interview with the Associated Press, Bardwell maintained: “I am not a racist. I just don’t believe in mixing the races that way. 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.” Bardwell also said that he asks everyone who calls about marriage if they are a mixed race couple. If they are, he does not marry them, he said.
Bardwell’s comments are offensive and smack of racism. And there have been calls from elected officials in his own state, as well as people across the country, for him to be held accountable.
Louisiana Governor Republican Bobby Jindal issued a statement saying the nine-member Louisiana Judiciary Commission that reviews lawyers and judges in the state should investigate. Jindal added, “Disciplinary action should be taken immediately, including the revoking of his license.” U.S. senator from Louisiana Democrat Mary Landrieu said in a statement, Bardwell’s practices and comments were deeply disturbing. “Not only does his decision directly contradict Supreme Court rulings, it is an example of the ugly bigotry that divided our country for too long,” the San Francisco Chronicle reported.
Justice Bardwell and those who may think as he does simply don’t realize how much the country has changed in the last forty years. A USA Today article stated that since the landmark Supreme Court decision of Loving v. Virginia, the number of interracial marriages have increased dramatically. Black-white marriages increased from 65,000 in 1970 to 422,000 in 2005, according to Census Bureau figures. “Factoring in all racial combinations, Stanford University sociologist Michael Rosenfeld calculates that more the 7 percent of America’s 59 million married couples in 2005 were interracial, compared to less than 2 percent in 1970.”
It is unconscionable that anyone serving as a justice of the peace or as any public official does not adhere to the Constitution of the United States but instead picks and chooses which laws to follow. That individual must either resign or be removed from office. The type of prejudice exhibited by Justice Bardwell should not and must not be tolerated in the United States of America.
ABOUT THE WRITER
Carol Jensen is a long-time Barstow resident, graduating from Kennedy High School and Barstow College, where she was an English instructor for many years. Much of her time now is spent writing political and social commentary. She may be contacted at cajensen49@msn.com.
