Topic: Justice of the Peace Will Not Marry Interracial Couples
daniel48706's photo
Fri 10/16/09 06:05 PM
I think it is safe to say that no one will disagree with you in that there can be problems and hardships in interacial marriages. The problem we have been discussing however, is if it is legal for a state government employee to choose to not provide the service of marriage to an inter-racial couple when he provides that very same service to others.

In this particular case, a state employee, a justice of the peace, who has performed numerous marriages over the years, has blatantly refused to marry two couples because of the fact that they are a mixed race couple. He outright states that he will not marry them because it is against his beliefs. This is pure discrimination on the Justice of the Peace's part, as the couples in question have every right to be married if they choose.



I may have to agree with the judge. My soon to be ex wife is white and I'm a gook as you can see. When I've married her, there has been stacks of problems after problems. I've told her that when she is married into my family, there is a hierarchy involved and barely any freedom. I live under a strict Asian family household and its crazy enough that most who are outside of our culture cannot hack nor understand it, except for those who had gone great lengths in studying it. Both of my parents had warned me about marrying someone else out of our race or culture because all it does it will just bring problems after problems because they cannot understand how everything works under our families. I think its ok for a white guy to marry an Asian woman but for a gook, like myself to marry someone out of our culture or race, there's going to be major issues. I think I've said enough, I think there isn't anymore I need to say even though I got lots to say and explain.

Quietman_2009's photo
Fri 10/16/09 06:07 PM
it's Louisiana

they all agree with him, he won't lose his job

DaveyB's photo
Fri 10/16/09 06:07 PM
Edited by DaveyB on Fri 10/16/09 06:07 PM

I may have to agree with the judge. My soon to be ex wife is white and I'm a gook as you can see. When I've married her, there has been stacks of problems after problems. I've told her that when she is married into my family, there is a hierarchy involved and barely any freedom. I live under a strict Asian family household and its crazy enough that most who are outside of our culture cannot hack nor understand it, except for those who had gone great lengths in studying it. Both of my parents had warned me about marrying someone else out of our race or culture because all it does it will just bring problems after problems because they cannot understand how everything works under our families. I think its ok for a white guy to marry an Asian woman but for a gook, like myself to marry someone out of our culture or race, there's going to be major issues. I think I've said enough, I think there isn't anymore I need to say even though I got lots to say and explain.


I feel for you Viet, and while I'm sure inter-racial marriage isn't going to work for everyone, I'd rather not have a gov. official making that decision for other people, particularly me.

DaveyB's photo
Fri 10/16/09 06:11 PM

it's Louisiana

they all agree with him, he won't lose his job


And that's called geographical discrimination laugh.

Really though whether or not other people feel that way if a federal discrimination case is lodged they aren't going to want to pay the lawyers fees and fines either. Letting him go is the cheapest way out. His job is in jeopardy if it makes it to the federal courts

Quietman_2009's photo
Fri 10/16/09 06:13 PM
Edited by Quietman_2009 on Fri 10/16/09 06:13 PM
I'm not sayin it's right or wrong just that it's Louisiana


DaveyB's photo
Fri 10/16/09 06:16 PM

I'm not sayin it's right or wrong just that it's Louisiana


I'm sayin' it doesn't matter if it's Louisiana cause it's federal case, if it's fought.

daniel48706's photo
Fri 10/16/09 06:17 PM
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.......



........Bardwell, who has been a JP for 34 years, says the state attorney general told him years ago that he would eventually get into trouble for not performing interracial marriages ... "I told him if I do, I’ll resign. . . .I have rights too. I’m not obligated to do that just because I’m a justice of the peace."

The rest of the article may be found here:

http://www.salon.com/opinion/feature/2009/10/16/interracial_marriage/

As is stated at the top, even if Louissiana backed this Justice of the Peace up, Federal courts will not do so, as it has already been stated in federal court that yuo can not refuse to marry a couple because of race.

daniel48706's photo
Fri 10/16/09 06:24 PM
NEW ORLEANS – Louisiana's governor and a U.S. senator joined Friday in calling for the ouster of a local official who refused to marry an interracial couple, saying his actions clearly broke the law.


Republican Gov. Bobby Jindal said in a statement a nine-member commission that reviews lawyers and judges in the state should investigate.

"Disciplinary action should be taken immediately — including the revoking of his license," Jindal said.

"A justice of the peace is legally obligated to serve the public, all of the public," Quigley said. "Racial discrimination has been a violation of Louisiana and U.S. law for decades. No public official has the right to pick and choose which laws they are going to follow."


The entire article can be found here:

http://news.yahoo.com/s/ap/20091016/ap_on_re_us/us_interracial_rebuff

no photo
Fri 10/16/09 06:33 PM

If you spend your days looking for something that offends you, you will find it!


And a great way to encourage 'evil' is to ignore it.


Dragoness's photo
Fri 10/16/09 06:34 PM


If you spend your days looking for something that offends you, you will find it!


And a great way to encourage 'evil' is to ignore it.




:thumbsup:

daniel48706's photo
Fri 10/16/09 06:35 PM
well said massage well said




If you spend your days looking for something that offends you, you will find it!


And a great way to encourage 'evil' is to ignore it.



no photo
Fri 10/16/09 08:02 PM
Edited by Jeanniebean on Fri 10/16/09 08:03 PM


If you spend your days looking for something that offends you, you will find it!


And a great way to encourage 'evil' is to ignore it.





Actually the best way to encourage 'evil' is to place your attention on it, resist it, fight it, etc.

You tend to manifest and attract what you think about and put your attention on.

(Law of Attraction.):tongue:

Quietman_2009's photo
Fri 10/16/09 08:04 PM
if that evil is in Louisiana I'm not goin in after it

that place is scary


msharmony's photo
Fri 10/16/09 08:26 PM
Justice of the peace is considered a public office, they must take an oath. In massachusetts , for example, this is part of their responsibilities...

"Justices of the Peace are public officials that have sworn an oath that to "bear true faith and allegiance to the Commonwealth of Massachusetts, and [to] support the constitution thereof." In Goodridge v. Department of Public Health, 440 Mass. 309 (2003), the Supreme Judicial Court of Massachusetts decided that denying marriage to couples based on their sexual orientation violates the Massachusetts Constitution. As such, Justices of the Peace may not refuse to marry same sex couples based on their sexual orientation, and may face personal liability if they do refuse to marry a couple based solely on sexual orientation. In addition, refusing the marry a same sex couple solely based on their race, sexual orientation, or other protected status may constitute cause for removal of a Justice of the Peace's commission."

In most states, I believe race is a protected status and a public official is PROBABLY not permitted to discriminate on that basis alone.I dont know the details in Louisiana, but if they are similar,, he will probably be removed. If not,, then he could remain as another stain on Louisiana's reputation. Either way,, I hope he comes away from the situation a bit wiser.

msharmony's photo
Fri 10/16/09 08:28 PM



If you spend your days looking for something that offends you, you will find it!


And a great way to encourage 'evil' is to ignore it.





Actually the best way to encourage 'evil' is to place your attention on it, resist it, fight it, etc.

You tend to manifest and attract what you think about and put your attention on.

(Law of Attraction.):tongue:

Evil is a strong word. The best way to assure that nothing changes is to do nothing though.

msharmony's photo
Fri 10/16/09 08:32 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


yeppers. what I posted was a general. each state has it's own laws etc


did you see the word can not must in their duties? :banana:


can not must????? I saw they can...and as elected officials they are to go by the laws

type really slowly because I am not getting it

duties - JOP can perform wedding ceremonies

JOP choses not to, how in the world he is breaking the law

can = having the ability
must = having the obligation


tongue2 and yes I do what I want tongue2


If you are a public official who takes an oath to obey laws, you cannot publically give ILLEGAL reasons for your choices. I mean, If he sais I wont issue u a certificate because you are protestant,,or baptist,, would we ever hear the end of it?,,,There are protected classes that public and government branches cannot discriminate against..

Perhaps this judge could have said nothing and been alright but because he specifically says he is denying DUE to race, he is breaking his oath.

DaveyB's photo
Fri 10/16/09 09:03 PM
Doesn't look like the guy has anybody on his side not even the local parish... things are looking up laugh

Dragoness's photo
Fri 10/16/09 09:18 PM

Doesn't look like the guy has anybody on his side not even the local parish... things are looking up laugh


:thumbsup:

no photo
Sat 10/17/09 06:24 AM

I think yuo misunderstood me peledac; I am not saying that they shouldn't be ALLOWED to be in that position. I said that if a part of your job would require you to do something that you do not believe in, then you should not be taking this job.
There is not a single person on this earth that is capable of doing every single possible job properly and without coming into disagreement with some of it's policies. So in the case of gay marriages, if your religious beliefs would prevent you from marrying a gay couple, then you should not be applying for, nor accepting, a job as a justice of the peace when that job could put you into the position of having to marry a gay couple. It comes down to personal responsibility, and not putting yourself into a position of possible conflict.
And in the case of JOP's, if it is indeed discretionary to the individual jop on whether or not to perform marriages (not distinguish between which ones to perform and which ones not to perform), then a roman catholic deacon (just as an example, not trying to single out any specific religion) could still hold the office of JOP, so long as he did not perform ANY marriages.





if it is his religious belief to not marry someone, then he has the legal right to go thrugh his church to be able to perform marriages. BUT by accepting a GOVERNMENT position, he has agreed to waive his personal beliefs in any such manner. Very simply put, and this is a major problem with society, if your religious beliefs prevent you from doing something, say performing marriage rights to a gay couple, then you have no business accepting a job in which you will be expected to perform a marriage ritual to a gay couple if one asks you to. This all falls underneath seperation of church and state. The church has the legal right to refuse to marry someone due to belief. The state (in this case a justice of the peace) does not have that right. So if his religious beliefs conflict with his job as a justice of the peace, then he does nto qualify for that job and should not be in that position (unless of course as I stated before and marriage is a discretionary act, in which case the j.o.p. has to refuse ALL marriage requests nto just those that go against his personal beliefs)



This opens a whole new door.

Ok if it's against his belief and is forced to marry this couple, what will happen if a gay couple comes along, will he be then forced to marry although it's against his beliefs or religion? Will they start forcing doctors to kill unborn babies? where will it stop. No, he should not be forced. Because it's his belief he's being chastised for it.

Go somewhere else to get married. I think it will open up pandora's box.





NO NO NO, not allowing someone to not be in a position like that because of their beliefs is just wrong. The thought of having ALL judges or JP's having the exact same beliefs is pretty damn scary to me. Then it is all one sided and that is a very dangerous way to go.

Not something I'd will to go for, never.

[/quote

no I didn't misunderstand you. I still stand by what I say even though Jindal and others are asking him to stand down.

I'm not saying it's right, I don't agree with his decision, but we cannot have judges with one belief and not have other with opposing views. I cannot imagine having all judges with the same thought or belief process.

Well we can agree that we disagree:wink: :thumbsup:

cashu's photo
Sun 10/18/09 05:55 PM


Is it mandatory that he marry everyone?

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


I don't know if it is mandatory, wasn't really thinking about that part of it. Interesting question though. Wouldn't he be obligated as a Justice of the Peace, or no? I really don't know the answer to that question. It's not a private business or is it?
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I don't think he loss his civil rights yet just because hes white yet . there still a war to be fought before that .. You could proablely get him fired but you can't force him . LAUGHING