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by Wynper on October 15th, 2009

Wynper

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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. Should conscience laws protect him? Is this right? Any thoughts AB'ers? See link for story.

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  • by ChrisDC on October 15th, 2009

    ChrisDC

    Conscience laws are generally discussed in terms of professional services in the private sector. Can an obstetrician refuse to perform an abortion, can a pharmacist refuse to fill a birth control prescription, etc.
    .
    It's a total legal patchwork in the U.S. right now as this is an ongoing issue of debate.
    .
    A justice of the peace, though, is a governmental official. Usually elected (at least my Uncle Fulton back home in Louisiana is elected). There are statutes that bar racial discrimination on the part of private individuals, but racial discrimination by government officials is barred by the Constitution. At least since 1967 is has been illegal for a governmental official to do what this justice of the peace did.
    .
    He does have a conscience clause -- it's the part of the statute creating his office that allows him to resign if he can't carry out his duties.

    Comments

    • I am glad that you have arrived. Thankyou.
      .
      I am editing a link to this answer into mine.

      Arisztid

      by Arisztid on October 15th, 2009

    • Same here.
      Good to see your answer Christ, I mean Chris. :p

      Brian

      by Brian on October 15th, 2009

    • LOL, Brian.
      .
      I just commented on another answer that this incident took place in the Parish right next door to the one I grew up in, where my Uncle was a Justice of the Peace. Too bad he's retired -- I'd forgotten that. He'd be first in line to give this moron what for.

      ChrisDC

      by ChrisDC on October 15th, 2009

    • Thanks Chris.
      .
      I think using racism to "protect" people from anticipated racism is a crock.
      .
      "He'd be first in line to give this moron what for."
      .
      Excellent!
      Your uncle and Halle Berry....

      Brian

      by Brian on October 15th, 2009

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