Topic: Justice of the Peace Will Not Marry Interracial Couples
no photo
Fri 10/16/09 01:16 PM

ok...this is JMO...IF it is an elected government official paid by the people...then they should only uphold the law. if it is legal then they have an obligation. if the person is a minister or got their license on the internet and does private services (not that kind ya pervs lol) then it's up to them to decide.

clear as mud???? laugh


Pretty clear to me. That is exactly the way I 'assumed' it was. I didn't notice anyone saying someone should do something against their beliefs but too lazy today to go back and look.

franshade's photo
Fri 10/16/09 01:17 PM

ok, lol let's clear one thing up hu, lol, how are you able to perform marriages if you choose? lol are you a minister? justice of the peace / judge / publicly elected official? Mail order candidtae (sorry lol, couldnt resist that one in regards to internet applications) flowerforyou


Not pertinent :wink:

stick to the facts tongue2



franshade's photo
Fri 10/16/09 01:19 PM



I think you misunderstand me hun. I am not saying you HAVE to perform marriages. I am saying that if you choose to perform marriages, then you have to provide that service for all who ask it of you, not just those you want to provide it for (barring religious affiliation of course).



And I am responding my little ray of sunshine, No I do not.

If I chose to, I could perform your wedding ceremony and on that same token I can refuse YR just because I chose to.




but can you IF you are an elected official and performing your duties as one???

yes

daniel48706's photo
Fri 10/16/09 01:20 PM
ok, by removing religioin that leaves twooptions if I am correct; public elected official or mail order candidtae (internet certificate).

If you have it from the internet, you are free to do with it as yu please. However if you are a public official, then you have one choice and only one choice: "will I perform wedding ceremony's, plural". If you decide yuo want to provide marriage ceremonies, then the only thing you can use to judge whether or not you will provide a ceremony is state law, because yuo are an elected official. This means, in the case of a gay couple, if the state recognizes the union, then you have to marry any gay could that asks you to do so if you provide ceremonies to anyone else, because you are providing a state service. If you can not in your right conscience provide a wedding ceremony to anyone who asks it of you, then you should not be providing them at all.

quote]

If the job goes against your belief (not you personally, you in general) then wouldnt you agree that yuo should not be doing that job?

As far as I am concerned, anyone who states that it is wrong to do something, should not be doing a job that would require them to do that action; otherwise they become a perfect example of a hypocrite.

In the case of the current article, if the JOP refuses to provide a marriage to a bi-racial couple, then he should not be willing to perform any marriage whatsoever, as is his choice. It is NOT his choice to decide who he can and can not marry; just wether or not he will perform the rites at all.



Moot point about my beliefs and I am most definitely not a hypocrit.

Remove religion from equation and let's stick to facts :wink:

yellowrose10's photo
Fri 10/16/09 01:21 PM


ok...this is JMO...IF it is an elected government official paid by the people...then they should only uphold the law. if it is legal then they have an obligation. if the person is a minister or got their license on the internet and does private services (not that kind ya pervs lol) then it's up to them to decide.

clear as mud???? laugh


Pretty clear to me. That is exactly the way I 'assumed' it was. I didn't notice anyone saying someone should do something against their beliefs but too lazy today to go back and look.


if it is a private business (like wedding planner, minister, whatever) then it's up to your choice. government paid officials can only uphold the law. personal opinion has no bearing as long as it is legal.

yellowrose10's photo
Fri 10/16/09 01:23 PM




I think you misunderstand me hun. I am not saying you HAVE to perform marriages. I am saying that if you choose to perform marriages, then you have to provide that service for all who ask it of you, not just those you want to provide it for (barring religious affiliation of course).



And I am responding my little ray of sunshine, No I do not.

If I chose to, I could perform your wedding ceremony and on that same token I can refuse YR just because I chose to.




but can you IF you are an elected official and performing your duties as one???

yes


not by law. if it is legal to marry outside of your race...then the elected (government paid) official has to do his.her job.

daniel48706's photo
Fri 10/16/09 01:23 PM
wrong, unless you refuse to perform all marriages. By accepting the state position, you are agreeing to provide the state services to everyone that teh state agrees meets requirements.






I think you misunderstand me hun. I am not saying you HAVE to perform marriages. I am saying that if you choose to perform marriages, then you have to provide that service for all who ask it of you, not just those you want to provide it for (barring religious affiliation of course).



And I am responding my little ray of sunshine, No I do not.

If I chose to, I could perform your wedding ceremony and on that same token I can refuse YR just because I chose to.




but can you IF you are an elected official and performing your duties as one???

yes

franshade's photo
Fri 10/16/09 01:23 PM

ok, by removing religioin that leaves twooptions if I am correct; public elected official or mail order candidtae (internet certificate).

If you have it from the internet, you are free to do with it as yu please. However if you are a public official, then you have one choice and only one choice: "will I perform wedding ceremony's, plural". If you decide yuo want to provide marriage ceremonies, then the only thing you can use to judge whether or not you will provide a ceremony is state law, because yuo are an elected official. This means, in the case of a gay couple, if the state recognizes the union, then you have to marry any gay could that asks you to do so if you provide ceremonies to anyone else, because you are providing a state service. If you can not in your right conscience provide a wedding ceremony to anyone who asks it of you, then you should not be providing them at all.


incorrect

franshade's photo
Fri 10/16/09 01:24 PM

wrong, unless you refuse to perform all marriages. By accepting the state position, you are agreeing to provide the state services to everyone that teh state agrees meets requirements.


even when you are supplied with the information, you still go off on a different tangent.

wrong - I can select what services I do and for whom I do them.

think simply of a plumber, just because I am a plumber does not mean I will work for you (my discretion)

yellowrose10's photo
Fri 10/16/09 01:53 PM
ahhhhhhhhhhh but Franny, there is the catch. a plumber is a private business. an elected official is not

franshade's photo
Fri 10/16/09 01:55 PM

ahhhhhhhhhhh but Franny, there is the catch. a plumber is a private business. an elected official is not


I never said I was an elected official but I do perform elected officials duties so yes I can pick and chose.

yellowrose10's photo
Fri 10/16/09 01:58 PM


ahhhhhhhhhhh but Franny, there is the catch. a plumber is a private business. an elected official is not


I never said I was an elected official but I do perform elected officials duties so yes I can pick and chose.


ya dork...yes YOU can. but an elected official can't pick and chose. you are working as an "independent contractor"laugh

you probably think this thread is about you, don't you :tongue:

no photo
Fri 10/16/09 01:58 PM
Edited by Jeanniebean on Fri 10/16/09 02:15 PM
1. The guy is a racist.
2. I think he has his facts all wrong.
3. Its really none of his business if the marriage does not last.--unless he is a minister and has made it his business.

"Keith Bardwell, justice of the peace in Tangipahoa Parish, says it is his experience that most interracial marriages do not last long. "

The facts are that NO MARRiAGE LASTS LONG. That 95% of all marriages are unhappy and more than half end in divorce.

But the bottom line is, as a minister only, he is probably not obliged to marry anyone, especially if it is against his personal beliefs... even if those beliefs seem racist.

If, as an elected official, he is, then he should probably loose the next election and lose his status as "justice of the peace"

Most ministers have a licence to perform marriage ceremonies.

He works for the Tangipahoa Parish, so he is probably also a minister.

The couples he refused to marry can just go someplace else if they can't get him to do it.










daniel48706's photo
Fri 10/16/09 02:43 PM
a plumber is not a government/state employee that represents the state and the states lawas and interests. the plumber has the right to choose which cases he takes on andw hich he doesnt.

for the final time, I say, a public official (someone who works for the public, hired by the public to enable the publics legal rights) can not pick and choose which wedding ceremonies they will perform. They either perform them all or they perform none at all.

You refuse to state which case you yourself fall under, whether you are a public official, an internet mail in certificate, or a religious entity. I have responded to each and every possible method of your being able to provide marriages, and all you are willing to do is sit there and say "wrong". Please stand up and let us know WHY yuo feel I, and others are wrong in believing that a city official can not pick and choose between cases (otherwise known by legal definition as discriminate).



wrong, unless you refuse to perform all marriages. By accepting the state position, you are agreeing to provide the state services to everyone that teh state agrees meets requirements.


even when you are supplied with the information, you still go off on a different tangent.

wrong - I can select what services I do and for whom I do them.

think simply of a plumber, just because I am a plumber does not mean I will work for you (my discretion)


yellowrose10's photo
Fri 10/16/09 02:47 PM
Edited by yellowrose10 on Fri 10/16/09 03:01 PM
just to add fuel to the fire laugh

parish n. 1) a geographic area served by a church (particularly Catholic) originally measured by whether people living in the area could walk to the church. 2) in Louisiana, the governmental equivalent of a county

PARISH. A district of country of different extents. In the ecclesiastical law it signified the territory committed to the charge of a parson, vicar, or other minister. Ayl. Parerg. 404; 2 Bl. Com. 112. In Louisiana, the state is divided into parishes


http://legal-dictionary.thefreedictionary.com/parish


JUSTICE OF THE PEACE

A judicial officer with limited power whose duties may include hearing cases that involve civil controversies, conserving the peace, performing judicial acts, hearing minor criminal complaints, and committing offenders.

Justices of the peace are regarded as civil public officers, distinct from peace or police officers. Depending on the region in which they serve, justices of the peace are also known as magistrates, squires, and police or district judges. In some districts, such as the District of Columbia, justices of the peace are considered officers of the United States. In other regions, their jurisdiction is limited to a state, city, precinct, county, or township.

The position of justice of the peace originated in England in 1361 with the passing of the Justice of the Peace Act. In colonial America the position, with its judicial, executive, and legislative powers, was the community's main political force and therefore the most powerful public office open to colonists. Legal training was not a prerequisite.

Maintaining community order was a priority in the colonial era. The justice of the peace in this period was responsible for arresting and arraigning citizens who violated moral or legal standards. By the early 1800s, the crimes handled by the justice of the peace included drunkenness, Adultery, price evasion (selling below a minimum price fixed by law), and public disorder. Justices of the peace also served as county court staff members and heard Grand Jury and civil cases. The increasing number of criminal, slave, and tax statutes that were passed during the 1800s also broadened the enforcement powers of the justice of the peace.

Today justices of the peace deal with minor criminal matters and preside only in the lowest state courts. Their legal duties encompass standard judicial tasks such as issuing arrest or search warrants, performing marriage ceremonies, handling routine traffic offenses, determining Probable Cause, imposing fines, and conducting inquests.

The duties of a justice of the peace vary by statute, and it is the justice's responsibility to know which actions are within the scope of his or her jurisdiction. For example, a few statutes do not allow justices of the peace to be involved in the operation of another business or profession; however, they can invest in or receive a salary from another business, as long as they are not involved with its operation.

Justices are often considered conservators of the peace. They can arrest criminals or insane people, order the removal of people who behave in a disorderly fashion in a public place, and carry out other duties designed to maintain or restore a peaceful community.

Justices of the peace have limited power in criminal and civil cases. They have jurisdiction over minor criminal matters, including misdemeanors, infractions, and petty offenses. Their powers of civil jurisdiction are determined by the respective statutes that govern their position. At the highest level, a justice may handle cases that involve contracts, torts, injuries to Personal Property, and personal injuries such as libel, slander, False Imprisonment, and Malicious Prosecution. Justices of the peace do not have jurisdiction over cases that involve real property titles, easements, or rights of way.

Depending on the tradition in the area where they serve, justices of the peace are either elected or appointed; the method by which they reach their office has no bearing on how much power they have. Appointments are typically handled by the state's legislative body or governor; however, this task may be delegated to local authorities, such as county supervisors or commissioners.

Once elected or appointed, and before taking office, a justice of the peace is required to take an oath and post an official bond. Some statutes also require new justices to sign a sworn statement that they have never been convicted of a misdemeanor or felony.

The length of the term of a justice of the peace varies with the constitution or statute that created the position. If a vacancy is created before a term expires, a public official, such as the governor, fills the vacancy; some statutes require that a special election be held. The replacement justice of the peace usually completes only the remainder of the term or serves until the next scheduled election.

Justices of the peace can be removed from their position for a variety of reasons, including official misconduct or conviction for a misdemeanor or felony. They must have knowingly committed the inappropriate act or acts with improper motives. Usually, the statute that defines the position will outline the procedure for removing a justice of the peace from office. Ordinarily, the justice is served with a notice of the charge or charges and is given an opportunity to be heard before she or he is removed.

If a justice of the peace wishes to resign, he or she must present a letter of resignation to the appropriate official; once the resignation is accepted, it cannot be withdrawn.

http://legal-dictionary.thefreedictionary.com/Justice+of+Peace

daniel48706's photo
Fri 10/16/09 02:50 PM
He works for the Tangipahoa Parish, so he is probably also a minister.



not neccesarily, a Parish can also be a small area of society, like a village, or a township. it isnt necessarily religiously connected.

BUT because he holds the title of justice of the peace, then even if he WAS a minister, he still would not be able to pick and choose, because he is a state official. Personally, I don't think an active priest, minister, pastor whatever, can HOLD a pubic office at the same time as it would be a conflit of interest between their two professions.

DaveyB's photo
Fri 10/16/09 02:58 PM


ahhhhhhhhhhh but Franny, there is the catch. a plumber is a private business. an elected official is not


I never said I was an elected official but I do perform elected officials duties so yes I can pick and chose.,


Ok, you can pick and choose but unless you are an elected official it has absolutely no bearing on what this elected official can choose to do or not do.

Personally I'm not claiming I know if know a JP can choose on case by case basis or if it's an all or nothing type choice. I do tend to think it's an all or nothing. One example of why I think that, the number of JP's are limited in every state that has them on a per capita basis. In a small town that could mean there is only one JP if he could pick and choose he would literally have control over many people as to whether or not they could get married. Even though this wouldn't be he case in a larger city you can't have state laws that work one way in a small town and differently in a large city.

Of course none of us will likely know for sure till either the the JP is ordered to perform those duties or is told he doesn't have to. I think it pretty unlikely that this will not result in an absolute ruling on this type of situation. It effects far too many people.

franshade's photo
Fri 10/16/09 03:06 PM



ahhhhhhhhhhh but Franny, there is the catch. a plumber is a private business. an elected official is not


I never said I was an elected official but I do perform elected officials duties so yes I can pick and chose.,


Ok, you can pick and choose but unless you are an elected official it has absolutely no bearing on what this elected official can choose to do or not do.

Personally I'm not claiming I know if know a JP can choose on case by case basis or if it's an all or nothing type choice. I do tend to think it's an all or nothing. One example of why I think that, the number of JP's are limited in every state that has them on a per capita basis. In a small town that could mean there is only one JP if he could pick and choose he would literally have control over many people as to whether or not they could get married. Even though this wouldn't be he case in a larger city you can't have state laws that work one way in a small town and differently in a large city.

Of course none of us will likely know for sure till either the the JP is ordered to perform those duties or is told he doesn't have to. I think it pretty unlikely that this will not result in an absolute ruling on this type of situation. It effects far too many people.


that's it right there, I spoke only for myself, correcting along the way those that assumed to know about what 'my' duties are or aren't. I responded to their questions and asked some of my own. While there are those that read what I posted, some misunderstood me, some just plainly assumed, while others tried to prove me false :wink: to no avail.




yellowrose10's photo
Fri 10/16/09 03:07 PM
I think Fran just does what she wants laugh

franshade's photo
Fri 10/16/09 03:08 PM
Yellowrose - :wink:

About Louisiana JPs

•Justices of the Peace in Louisiana are elected to serve six-year terms.
•They can perform marriage ceremonies.
•As the judicial authority of a ward or district, they have jurisdiction in civil matters when the amount in dispute does not exceed $5,000.

http://www.jpus.org/aboutjps.htm