Race and marriage inequality

Earlier this month, a Louisiana justice of the peace, Keith Bardwell, refused to marry a biracial couple, citing his concern for the potential children’s futures.

For the sexual-minority community, this strikes a nerve: So often, the conservative right uses this same argument when opposing same-sex marriage. But, as studies have shown, children in same-sex families fare no different than those in opposite-sex families.

Another point the (white) justice of the peace should have considered: The current president of the United States of America is biracial. In fact, he has a white mother and a black father, just like the couple he denied a marriage license. Which shows Bardwell’s argument that he’s concerned about any future children for what it really is — hogwash.

Certainly, the incident has stirred controversy. Apparently, Bardwell has denied other interracial couples licenses, but he said none have complained in the past.

Thankfully, Beth Humphrey and Terence McKay — who are now married — complained. And filed a lawsuit against Bardwell claiming discrimination.

Others have called for an investigation or Bardwell’s resignation, including Republican Gov. Bobby Jindal. President Obama’s deputy press secretary, Bill Burton, said drolly, “I’ve found that, actually, the children of a biracial couple can do pretty good.”

Beyond the racist undertones of Bardwell’s actions, at issue is whether a justice of the peace can legally recuse him- or herself from performing marriages of which he or she does not approve.

This has certainly been an issue same-sex couples have faced in states where gay marriage is legal, even to the point of county clerks refusing to issue marriage licenses to same-sex couples — and to opposite-sex couples. However, Louisiana state law says justices of the peace may perform marriage ceremonies, but does not require such officials to do so, a spokesperson for the Louisiana attorney general said.

This varies from state to state. In Massachusetts, where gay marriage is legal, justices of the peace can be penalized for not performing same-sex marriages; in Connecticut, they cannot.

What’s interesting here is that justices of the peace are state employees, unlike religious leaders who can refuse to marry anyone they like. Justices of the peace are either elected or appointed, and receive a salary. So, why would they be exempt from state and federal nondiscrimination law?

Moreover, this particular incident highlights the inequality faced by same-sex couples — and the illogical arguments marriage-equality opponents make.

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