Topic: Justice of the Peace Will Not Marry Interracial Couples
franshade's photo
Fri 10/16/09 11:00 AM
Why is it that one can select who they want to perform a service but those who offer the service can't be selective?

hmmmm????

tohyup's photo
Fri 10/16/09 11:33 AM

Why is it that one can select who they want to perform a service but those who offer the service can't be selective?

hmmmm????

I think he can not do that when he is paid to provide a service to all people . He might be sacked soon . I hope....!.

franshade's photo
Fri 10/16/09 11:35 AM


Why is it that one can select who they want to perform a service but those who offer the service can't be selective?

hmmmm????

I think he can not do that when he is paid to provide a service to all people . He might be sacked soon . I hope....!.


so you're ok with you chosing a person/company to do a service, but all who offer the same service must service you?


no photo
Fri 10/16/09 11:36 AM
isn't that what it is all about....??

Finding some one to service you....

franshade's photo
Fri 10/16/09 11:39 AM

isn't that what it is all about....??

Finding some one to service you....


Just because they offer a service does not guarantee you service, up to company or person whether to do or not do job, or am I wrong?

daniel48706's photo
Fri 10/16/09 11:46 AM
I do not knowyour situation, wether you are referring to if a PASTOR or PRIEST can choose not to marry a gay couple etc. but in this case, you can not legally choose to not marry a black adult to a white adult simply because they are black and white. it has nothing to do with religion. Also, in this particular case, iot is not a religion signing the certificate it is a justice of the peace, which is a government office, not a religious office. Which again dictates he can not choose who he does nad does not marry, so long as the marriage itself is legal in teh state of Louissianna.



Is it mandatory that he marry everyone?

I can pick and chose who I perform ceremonies for, why can't he?

no photo
Fri 10/16/09 11:49 AM
Service as in "service me", sugar britches......




isn't that what it is all about....??

Finding some one to service you....


Just because they offer a service does not guarantee you service, up to company or person whether to do or not do job, or am I wrong?


franshade's photo
Fri 10/16/09 11:50 AM
Daniel :wink:

never mentioned Pastor nor Priest I posed a question tongue2

But you are wrong, I can chose who I perform a wedding ceremony for also note never indicating on any reason as to why or why not I'd chose not to perform ceremony, but ultimately my choice :wink:



I do not knowyour situation, wether you are referring to if a PASTOR or PRIEST can choose not to marry a gay couple etc. but in this case, you can not legally choose to not marry a black adult to a white adult simply because they are black and white. it has nothing to do with religion. Also, in this particular case, iot is not a religion signing the certificate it is a justice of the peace, which is a government office, not a religious office. Which again dictates he can not choose who he does nad does not marry, so long as the marriage itself is legal in teh state of Louissianna.



Is it mandatory that he marry everyone?

I can pick and chose who I perform ceremonies for, why can't he?


daniel48706's photo
Fri 10/16/09 11:54 AM
If it is a private company yes I would agree with you. If it was a church I woudl agree with you. however a justice of the peace is not a provate company or organization it is a government position. And as a government position, they have to follow the LAWS of the state, not their political beliefs, or their social beliefs, or the religious beliefs etc.

it is not against the law anywhere in the united states for a black man to marry a white woman, or vice verse, thus a justice of the peace can NOT legally turn them away as he is a government official.




isn't that what it is all about....??

Finding some one to service you....


Just because they offer a service does not guarantee you service, up to company or person whether to do or not do job, or am I wrong?


franshade's photo
Fri 10/16/09 11:54 AM
blushing you sly devil you blushing

Service as in "service me", sugar britches......




isn't that what it is all about....??

Finding some one to service you....


Just because they offer a service does not guarantee you service, up to company or person whether to do or not do job, or am I wrong?



daniel48706's photo
Fri 10/16/09 12:01 PM
Lol I know you never mentioned the religious aspect, I said I didn't know here you were coming from with your personal capabilities of rendering services. BUT if you are a justice of the peace I highly reccommend you check with your local law offices on your belief that you can pick and choose who and why you marry someone. I know you would not chose to not marry an inter-racial couple because they were inter-racial; nt trying to say you would. But you are most mistaken in the assumption that a GOVERNMENT official can pick and choose. As long as the state legal requirements are met, a justice of the peace is bound to provide the service to anyone who applies because he is not a private organization; the position of justice of the peace is a government position.


Daniel :wink:

never mentioned Pastor nor Priest I posed a question tongue2

But you are wrong, I can chose who I perform a wedding ceremony for also note never indicating on any reason as to why or why not I'd chose not to perform ceremony, but ultimately my choice :wink:



I do not knowyour situation, wether you are referring to if a PASTOR or PRIEST can choose not to marry a gay couple etc. but in this case, you can not legally choose to not marry a black adult to a white adult simply because they are black and white. it has nothing to do with religion. Also, in this particular case, iot is not a religion signing the certificate it is a justice of the peace, which is a government office, not a religious office. Which again dictates he can not choose who he does nad does not marry, so long as the marriage itself is legal in teh state of Louissianna.



Is it mandatory that he marry everyone?

I can pick and chose who I perform ceremonies for, why can't he?



no photo
Fri 10/16/09 12:06 PM



Why is it that one can select who they want to perform a service but those who offer the service can't be selective?

hmmmm????

I think he can not do that when he is paid to provide a service to all people . He might be sacked soon . I hope....!.


so you're ok with you chosing a person/company to do a service, but all who offer the same service must service you?




When it is a public position like Judge or Justice of the Peace, you're damn right. I just moved away from LA and I can tell you that if government officials there were allowed to choose whether or not they would provide services to people, then a lot of people would receive no services at all. That was how it was in the past and without our Federal Civil Rights laws, that is how it still would be today. Too many people in LA are stuck in the 19th Century.

no photo
Fri 10/16/09 12:09 PM
"Most places a Justice of the Peace has "Mandatory Duties" and "Discretionary Duties"

Marriages and Civil Union typically fall under "Discretionary Duties"
....

Therefore , I believe your reasoning is Flawed, Daniel




Lol I know you never mentioned the religious aspect, I said I didn't know here you were coming from with your personal capabilities of rendering services. BUT if you are a justice of the peace I highly reccommend you check with your local law offices on your belief that you can pick and choose who and why you marry someone. I know you would not chose to not marry an inter-racial couple because they were inter-racial; nt trying to say you would. But you are most mistaken in the assumption that a GOVERNMENT official can pick and choose. As long as the state legal requirements are met, a justice of the peace is bound to provide the service to anyone who applies because he is not a private organization; the position of justice of the peace is a government position.


Daniel :wink:

never mentioned Pastor nor Priest I posed a question tongue2

But you are wrong, I can chose who I perform a wedding ceremony for also note never indicating on any reason as to why or why not I'd chose not to perform ceremony, but ultimately my choice :wink:



I do not knowyour situation, wether you are referring to if a PASTOR or PRIEST can choose not to marry a gay couple etc. but in this case, you can not legally choose to not marry a black adult to a white adult simply because they are black and white. it has nothing to do with religion. Also, in this particular case, iot is not a religion signing the certificate it is a justice of the peace, which is a government office, not a religious office. Which again dictates he can not choose who he does nad does not marry, so long as the marriage itself is legal in teh state of Louissianna.



Is it mandatory that he marry everyone?

I can pick and chose who I perform ceremonies for, why can't he?




franshade's photo
Fri 10/16/09 12:11 PM
If I read the article correctly the JOP didn't say they could not get married, just that he wouldn't do it. Again never stating whether I agreed or not.

Just posed the question, just because one can do a service does not mean one has to do it, or do you believe it does?




Lol I know you never mentioned the religious aspect, I said I didn't know here you were coming from with your personal capabilities of rendering services. BUT if you are a justice of the peace I highly reccommend you check with your local law offices on your belief that you can pick and choose who and why you marry someone. I know you would not chose to not marry an inter-racial couple because they were inter-racial; nt trying to say you would. But you are most mistaken in the assumption that a GOVERNMENT official can pick and choose. As long as the state legal requirements are met, a justice of the peace is bound to provide the service to anyone who applies because he is not a private organization; the position of justice of the peace is a government position.



PacificStar48's photo
Fri 10/16/09 12:14 PM
I don't know if Justice Of The Peace is a public office or like a Notary. I thought this guy refused them a marriage license so they could get married. To refuse to issue a license would be discrimination because license come from the state.

It is true clergy can refuse to marry. I honestly don't know about judges. Some clergy do marry gay couples in a religious marriage but it is not a marriage sanctioned by the State so not legal for marital rights like community property, inheritance, social security.

daniel48706's photo
Fri 10/16/09 12:16 PM
let's say that as another poster posted, that performing marriages is a "discretionary service" of the justice of the peace. I don't really think it is, but I have not looked.
as a discretionary service, then yes the person would have the right to refuse to perform marriages period. But the minute they agree to perform one marriage, they have to perform it for anyone who meets the state laws for marriage. They can not pick and choose between who they will and who they wll not perform the service for.




If I read the article correctly the JOP didn't say they could not get married, just that he wouldn't do it. Again never stating whether I agreed or not.

Just posed the question, just because one can do a service does not mean one has to do it, or do you believe it does?




Lol I know you never mentioned the religious aspect, I said I didn't know here you were coming from with your personal capabilities of rendering services. BUT if you are a justice of the peace I highly reccommend you check with your local law offices on your belief that you can pick and choose who and why you marry someone. I know you would not chose to not marry an inter-racial couple because they were inter-racial; nt trying to say you would. But you are most mistaken in the assumption that a GOVERNMENT official can pick and choose. As long as the state legal requirements are met, a justice of the peace is bound to provide the service to anyone who applies because he is not a private organization; the position of justice of the peace is a government position.




franshade's photo
Fri 10/16/09 12:22 PM
Daniel, that's my whole point - it is expected but not mandated.

Discretion to me means (I could be wrong) that the decision of whether to comply is up to the individual performing service not individual requesting service.

Wow, talk about control issues :laughing: (re: me) :laughing:


let's say that as another poster posted, that performing marriages is a "discretionary service" of the justice of the peace. I don't really think it is, but I have not looked.
as a discretionary service, then yes the person would have the right to refuse to perform marriages period. But the minute they agree to perform one marriage, they have to perform it for anyone who meets the state laws for marriage. They can not pick and choose between who they will and who they wll not perform the service for.




If I read the article correctly the JOP didn't say they could not get married, just that he wouldn't do it. Again never stating whether I agreed or not.

Just posed the question, just because one can do a service does not mean one has to do it, or do you believe it does?




Lol I know you never mentioned the religious aspect, I said I didn't know here you were coming from with your personal capabilities of rendering services. BUT if you are a justice of the peace I highly reccommend you check with your local law offices on your belief that you can pick and choose who and why you marry someone. I know you would not chose to not marry an inter-racial couple because they were inter-racial; nt trying to say you would. But you are most mistaken in the assumption that a GOVERNMENT official can pick and choose. As long as the state legal requirements are met, a justice of the peace is bound to provide the service to anyone who applies because he is not a private organization; the position of justice of the peace is a government position.





jrbogie's photo
Fri 10/16/09 12:27 PM
Edited by jrbogie on Fri 10/16/09 12:30 PM

When it is a public position like Judge or Justice of the Peace, you're damn right. I just moved away from LA and I can tell you that if government officials there were allowed to choose whether or not they would provide services to people, then a lot of people would receive no services at all. That was how it was in the past and without our Federal Civil Rights laws, that is how it still would be today. Too many people in LA are stuck in the 19th Century.


a judge or justice has every right to recuse himself from any case or petition for any reason in LA or anywhere else in the country. federal civil rights laws have nothing to do with it. or maybe you can tell me what federal civil rights statute applies that i'm not seeing.

no photo
Fri 10/16/09 12:27 PM

I do not knowyour situation, wether you are referring to if a PASTOR or PRIEST can choose not to marry a gay couple etc. but in this case, you can not legally choose to not marry a black adult to a white adult simply because they are black and white. it has nothing to do with religion. Also, in this particular case, iot is not a religion signing the certificate it is a justice of the peace, which is a government office, not a religious office. Which again dictates he can not choose who he does nad does not marry, so long as the marriage itself is legal in teh state of Louissianna.


That is what I was wondering, if the justice of the peace is a government thing, they can't descrimnate can they? Oh wait, they can if your a gay couple, forgot about the checking of the plumbing first.. argh

Anyway I just thought if it was a government thing they could not legally do that. Of course of justice of the peace is just a title and anyone can be one then they can be as creepy as they like. Grin!

no photo
Fri 10/16/09 12:32 PM




Why is it that one can select who they want to perform a service but those who offer the service can't be selective?

hmmmm????

I think he can not do that when he is paid to provide a service to all people . He might be sacked soon . I hope....!.


so you're ok with you chosing a person/company to do a service, but all who offer the same service must service you?




When it is a public position like Judge or Justice of the Peace, you're damn right. I just moved away from LA and I can tell you that if government officials there were allowed to choose whether or not they would provide services to people, then a lot of people would receive no services at all. That was how it was in the past and without our Federal Civil Rights laws, that is how it still would be today. Too many people in LA are stuck in the 19th Century.



Actually I was wondering what the heck happened to LA in the last 30 years, they used to be fairly open minded.