Interracial Couple in Louisiana Denied Marriage License
Does this really still happen in America in 2009? What century does this guy think we’re living in?
HAMMOND, La. — A Louisiana justice of the peace said he refused to issue a marriage license to an interracial couple out of concern for any children the couple might have. Keith Bardwell, justice of the peace in Tangipahoa Parish, says it is his experience that most interracial marriages do not last long.
Neither Bardwell nor the couple immediately returned phone calls from The Associated Press. But Bardwell told the Daily Star of Hammond that he was not a racist.
“I do ceremonies for black couples right here in my house,” Bardwell said. “My main concern is for the children.”
Bardwell said he has discussed the topic with blacks and whites, along with witnessing some interracial marriages. He came to the conclusion that most of black society does not readily accept offspring of such relationships, and neither does white society, he said.
“I don’t do interracial marriages because I don’t want to put children in a situation they didn’t bring on themselves,” Bardwell said. “In my heart, I feel the children will later suffer.”
If he does an interracial marriage for one couple, he must do the same for all, he said.
“I try to treat everyone equally,” he said.
Thirty-year-old Beth Humphrey and 32-year-old Terence McKay, both of Hammond, say they will consult the U.S. Justice Department about filing a discrimination complaint.
Humphrey told the newspaper she called Bardwell on Oct. 6 to inquire about getting a marriage license signed. She says Bardwell’s wife told her that Bardwell will not sign marriage licenses for interracial couples.
“It is really astonishing and disappointing to see this come up in 2009,” said American Civil Liberties Union of Louisiana attorney Katie Schwartzman. “The Supreme Court ruled as far back as 1963 that the government cannot tell people who they can and cannot marry.”
The ACLU was preparing a letter for the Louisiana Supreme Court, which oversees the state justices of the peace, asking them to investigate Bardwell and see if they can remove him from office, Schwartzman said.
“He knew he was breaking the law, but continued to do it,” Schwartzman said.
According to the clerk of court’s office, application for a marriage license must be made three days before the ceremony because there is a 72-hour waiting period. The applicants are asked if they have previously been married. If so, they must show how the marriage ended, such as divorce.
Other than that, all they need is a birth certificate and Social Security card.
The license fee is $35, and the license must be signed by a Louisiana minister, justice of the peace or judge. The original is returned to the clerk’s office.
Criminalizing Teens for Being Teens
I came across a blog post about the trend of criminalzing teenagers for being teenagers. (Hat tip: Andrew Sullivan, who also points the way to a must-read Economist editorial on this subject.) As a mother of a young son, this trend scares the hell out of me.
The graph, from Classically Liberal’s site (linked above), tells the story. Obviously, the graph isn’t sourced. But the story it tells is poignant. It looks to me that 14 year olds are the most dangerous people in the country, as it applies to sex offenses.
The fact is that we have Puritanical attitudes toward sex in America. It shows up in society’s attitudes toward teen sex and teaching kids about sex; it shows up in society’s attitudes toward gays and gay rights. Many people have hang-ups about sex because of these attitudes that have been beaten into us while growing up, which does everyone a huge disservice.
Obviously, sex offender laws are not all bad. If they work as they’re supposed to, they will protect us from predators. But criminalizing a teenager (or younger) for being a kid is just wrong. I said it in my last post: Grow up, America.
Iowa Poll on Same-Sex Marriage Disconnect
The Des Moines Register fielded a poll on same-sex marriage. Its report was in the newspaper yesterday. There were two things that jumped out at me as I read the article, and they seem to be disconnected to me.
Des Moines Regiser Graphic
First, Iowans are evenly divided on the question of whether to ban same-sex marriage. As you can see in the graphic above:
Forty-one percent say they would vote for a ban, and 40 percent say they would vote to continue gay marriage. The rest either would not vote or say they are not sure.
The most intensity about the issue shows up among opponents. The percentage of Iowans who say they strongly oppose gay marriage (35 percent) is nearly double the percentage who say they strongly favor it (18 percent).
That’s all fine; I don’t have an issue with the numbers on their face.
Des Moines Regiser Graphic
But here’s where the disconnect comes:
The overwhelming majority of Iowans — 92 percent — say gay marriage has brought no real change to their lives.
So here’s my question. If you’re not affected by your gay neighbor’s marriage, why in the world would you vote to ban it? That smacks of spite, or simple bigotry, to me. I don’t care if you dress it up in religious terms. It would be a vote to remove a right from a distinct group of people based solely on the characteristics of the group. That’s discrimination on its face, and is wrong.
It proves same-sex couples’ point — we’re not out there trying to gain special rights, and we’re not out there trying to change people. We simply want to live our lives with the same — same, not different — legal protections that our heterosexual parents and brothers and sisters and friends enjoy. And most importantly, our marriages and relationships cause absolutely no harm to anyone else’s marriage or relationship.
So it’s time to grow up, America. Stop hiding behind religion as a cover for discrimination. I don’t have a problem with anyone’s religious beliefs; anyone is free to believe in what they want in America. It’s a free country (for some). But my wise high school government teacher taught me that my right to move my elbow ends at the rib cage of the person next to me. The same thing applies to religion. People are entitled to their religious beliefs, but they’re not allowed to make them impact me. But that is what’s happening in America now, and it’s time for it to end.
There is some hope, though, that people’s opinions are moving our way. See Nate Silver’s analysis on the changing attitudes on same-sex marriage in America. Attitudes are changing, albeit very slowly.
California’s School and Prison Problem
The Los Angeles Times has some stories out this week about the overcrowding in California prisons and the problem with the huge increases in fees and tuition that will be charged to University of California students. Those pieces, along with a San Francisco Chronicle story about the huge cuts made to education’s budget, illustrate a problem that will haunt California for a long time. Simply put, if we don’t pay to educate our kids now, we’re going to pay to incarcerate them later.
It’s a question of values, really. Do we prepare our children to lead productive lives, or do we lock them away when they are adults? We’re doing the latter now, and we’re going to be doing a lot more of it in the future, too. Don’t get me wrong — there will always be bad people in society, people who have gotten all the chances they should have and still do terrible things. Prisons will always be needed for that reason. But we’re adding to that population when people don’t even have a chance to get started in their lives because they can’t get a decent education. (And no, not all of that is the state’s fault either; I believe in personal responsibility as well.)

Right now, Governor Schwarzenegger has until midnight (see the first link) to give a federal judge his plan to reduce the overcrowding in California prisons. Currently the system has about 149,100 prisoners in a system designed for about 80,000. And the budget for those prisons has almost doubled since 1999, from $3.22 billion to $5.57 billion in fiscal year 2008-2009.
The really telling statistic, though, is the cost per inmate over the same time period — $22,737 to $48,536 (see LA Times graph to the right). That’s a huge increase, and it’s actually down slightly from fiscal 2007-2008.
And still California’s prisons are overcrowded. The inmate population keeps rising, in large part because many of the inmates have nothing else to do except sell drugs or commit other crimes to survive. The long term solution isn’t more prisons, even though those will probably be needed in the short term. The solution is more and better schools and making sure that all California children get a good education and aren’t priced out of going to a good state school like UC Berkeley or UCLA.
Yet California cut its school budget by something like $8.4 billion this year (see third link above), after other cuts were previously made, totalling about $18 billion. Yes, I know California’s budget crisis necessitated making hard choices. But cutting like this is akin to eating your seeds instead of planting them. You’re not hungry now, but you will be tomorrow.
That makes it necessary for the schools to lay off teachers and staff. It also makes it necessary for the UC Regents to raise fees by a factor of almost four, for the 2010 spring term, as well as lay off and furlough professors and other staff.
[...] basic undergraduate fees for California residents next year would rise to about $10,300, not including room, board and other campus expenses. That figure would be 44% higher than in fall 2008.
In all, most UC undergraduates living in on-campus housing would pay more than $26,000 a year under the proposal, although officials said needy students would receive enough additional financial aid to cover the increases.
Yes, saddling them with more debt as they come out of school and start their lives. That’s a huge burden.
Under the fee proposal, professional school students in areas such as medicine, law and dentistry also would see steeper increases over the next three years. For example, by 2012-13, a UC Berkeley law student would pay $51,818 per year, or 40% more than this year, and a UCLA medical student would pay $34,616, or 33% more. Those figures do not include the costs of living and books.
More huge burdens.
I’m not saying that education is without its problems. I’m not saying that there isn’t waste, and I’m not saying that there aren’t ways to make the schools more efficient. But the fact of the matter is that educating children requires money. We have to pay for good teachers, and yes, we even need back office types in the schools, so that teachers get paid and have benefits. We have to have good colleges and universities, and they can’t be priced so high as to make it unreasonably difficult to go or to pay back the student loans that are needed.
We’re shooting ourselves in the foot here in California, but I see the same thing happening all over the country. Yes, we need prisons, but we need schools — good schools — more.

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