Bioethics

“Grow Your Own Marrow Donor” Ethics and Consequentialism: The Ayala Family Saga

/ Jack Marshall / 24 Comments

Anissa Ayala and her custom-made bone marrow donor

Once again, the fans of that ethically corrosive twin of  “the ends justifies the means,” consequentialism, were holding court in the mass media, as the “Today Show” revisited a two-decade old ethical outrage to declare that it was all perfectly fine after all…because it worked.

Thus does television, itself dominated by ethically-dim writers, producers and stars, corrupt the public. So here we go again:

Does the fact (if it indeed is a fact) that Osama bin Laden capture and execution was facilitated by torture make torture less ethically wrong?

No.

Do the fortuitous results of any action that was unethical from its inception change the nature of that conduct from unethical to ethical.

Again, no.

Is conceiving a child solely to provide donor bone marrow to her cancer-stricken older sister ethically acceptable as long as the sister’s cancer is cured?

Absolutely not!  But to listen to the “Today Show,” and revoltingly, the “Today Show’s” resident medical correspondent Dr. Nancy Snyderman, it is not only ethically acceptable but laudable. Because it worked.

Twenty years ago, Abe and Mary Ayala were desperate because Anissa, their 16-year-old daughter, had been diagnosed with leukemia. Chemotheraphy proved ineffective, and neither the Ayalas nor their son was a compatible bone marrow donor. The Ayalas had long before decided that two children were enough; Abe had a vasectomy. But then Mary came up with the idea of having another child in the hopes that it would be a bone marrow donor who could save Anissa’s life. Continue reading →

Parental Responsibility, Child Exploitation, and Billboard Ethics

/ Jack Marshall / 8 Comments

Here’s a rule of thumb: Don’t give the rights to reproduce your child’s photograph to a photographer or ad agency unless you are prepared to accept however it is used, and certain that your child will not be harmed or embarrassed as a result.

Is that so hard?

Tricia Fraser has sued Life Always and Majella Cares Heroic Media, an anti-abortion group, claiming it used her daughter’s picture in “a racist, controversial advertising campaign” that is “defamatory, unauthorized, and offensive,” posting the 4-year-old girl’s photo on a giant billboard by the Holland Tunnel and another in Florida.

Nice try. But there is nothing racist about the campaign, and nothing defamatory about using her daughter’s photo in it.  Continue reading →

The “Baby Emma” Saga Revisited: The Core Issue

/ Jack Marshall / 12 Comments

Didnt King Solomon have a case like this once?

When the mother of the child an unmarried father co-created with her decides that she doesn’t want to/ can’t raise the child and doesn’t trust the father to raise her, is it ethical to put said child up for adoption without notifying or consulting the father?

That is the ethical issue the “Baby Emma” incident, first discussed here in an earlier post, ultimately raises. It is a question that I did not discuss in that post, focusing instead on the father’s conduct and his current plight, as self-described on his “Baby Emma” website. I made three ethical assessments, each of which are self-evident:

1. The whole situation would have probably not occurred if John Wyatt and Baby Emma’s mother had been married before conceiving a child.

2. Both of them were irresponsible to plan on having a child together without formalizing a mutual commitment to form a family and raise the child together…that apparently archaic institution known as “marriage.”

3. The mother betrayed John’s trust, deceived him, and treated him unfairly.

I also suggested that, absent a marriage, it is fair and reasonable that the mother of a newborn be able to put the child up for adoption if she deems that course better for the child than being raised by the child’s father. I did not say that was the law, or even that I would vigorously oppose a law that directed otherwise, as Virginia’s law does. I only stated that my own belief is that incentives for irresponsible parenthood are unwise. I have been asked why I focused on the issue I did, rather than the other ethical issues raised by the controversy. It was because the issue was brought to me with the presumption that John Wyatt, the father, was a blameless and unequivocal victim in the matter. My ethics alarms sounded: he has significant ethical accountability for the mess, and I explained why.

As to the answer to question above, I can only say this: it depends. The conduct of Baby Emma’s mother is mysterious and extreme. Did she panic? Did she have a mental break? Why would a lifetime friend and partner of a man conceive a child, pretend to plan to raise her with him, and then secretly negotiate to have the baby adopted and taken out of state?

I see many scenarios that could be behind her decision, which fall into three distinct categories: ethical, unethical, and too close to call: Continue reading →

Arizona’s Anti-Ethical Free Exercise of Religion Bill

/ Jack Marshall / 5 Comments

While I was worrying about the unethical nature of so-called “conscience clauses,” which allow certain professionals, like pharmacists, withhold their services when they clash with the professional’s religious convictions, the Arizona legislature was cooking up something unimaginably worse. Last week the Arizona House of Representatives passed and sent to the Governor Brewer to sign into law SB 1288, a mind-blowing bill prohibiting the denial of occupational licenses or positions on public bodies because of an individual’s exercise of religion.

The soon-to-be-law states:

A. Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person’s exercise of religion.

B. Government shall not deny, suspend or revoke a professional or occupational license, certificate or registration based on a person’s refusal to affirm a statement that is contrary to the person’s sincerely held moral or religious beliefs, regardless of whether those beliefs are specifically espoused by a recognized church or religious body… Continue reading →

Love Isn’t Enough: the “Baby Emma” Saga

/ Jack Marshall / 147 Comments

Too bad Baby Emma's father didn't see "Juno" first...

This, from the birth father’s perspective, is the strange story of “Baby Emma,” a newborn whisked out of Virginia by her mother to be adopted by a couple in Utah, which has unusual laws that seem to circumvent fathers’ rights in others states:

“My name is John Wyatt,  the birth father of Baby Emma Wyatt,  born February 10, 2009 in Woodbridge, Virginia.  I have never held my daughter in my arms or even been allowed to see her in person.  My daughter has never had her Daddy hold her and say “I love you” to her, or hug her and kiss her.  Baby Emma and I have been denied those precious moments together.

“Imagine this happening to you: as a 20 year old, you have been friends with the mother since second grade and you have dated since middle school. You anxiously make preparations with the mother of your child, your childhood sweetheart,  for the arrival of your new baby.  You go to the doctor’s appointments, you rub the mother’s belly and feel your baby moving and kicking in the womb.  Both of you pick out the name.  It’s so exciting, you can hardly wait for the arrival of your new baby!! You look forward to what you expect to be the happiest moment of your life, to be with the mother and baby at birth…Both of you make plans on raising the baby together.  Continue reading →

Chicago’s Anti-Abortion Billboards

/ Jack Marshall / 107 Comments

The new billboards, soon to be 30 strong in Chicago,  feature an image of President Obama next to the words, “Every 21 minutes, our next possible leader is aborted.”

The campaign has pro-abortion advocates in full attack.  “Racist Anti-Abortion Billboards Hit Chicago” declared the Today’s Chicago Woman blog. Hmmm. Racist, eh? Would the billboard still be racist if we had a white president? If the same billboard was displayed in an all-white neighborhood? How is that message racist?

It isn’t. But if there’s one lesson the past few years have taught, it is that crying racism is as effective a way of stifling open debate as ever was. Continue reading →

Ethics Quiz: The Re-cycled Sperm Trick

/ Jack Marshall / 14 Comments

I think we all will agree that a woman obtaining a man’s semen via oral sex, secretly saving it, and using it to impregnate herself is unethical, correct? And that even if some fool court requires the deceived man to pay child support, the entire episode is outrageously dishonest, irresponsible and unfair?

This apparently happened to a Chicago man five years ago, and he is suing his former Lewinsky for the infliction of emotional distress. This seems inadequate. The use of a man’s sperm to produce his child without his consent in a surreptitious, deceitful manner should probably be a criminal offense—applying the Ethics Alarms principle that the law must often step in when ethics fail—and your challenge is to determine:

  • What conduct should the theoretical law prohibit?
  • What is an appropriate punishment for violating the law, as in the Chicago case?
  • How, if at all, should the law address the welfare or the innocent child?

Or do you think there should be a law at all?

My answer, after I’ve absorbed all of your wisdom, will follow.

On a related note, one upside of this revolting incident may be that it ends the ridiculous, Bill Clinton-fertilized argument that fellatio isn’t sex. I sure hope so. If only this had happened to Bill…what a great Lifetime movie it would have made!

[Again, thanks to Jeff Hibbert for the tip.]

Home-Grown Mengeles, And What We Must Learn From Them

/ Jack Marshall / 4 Comments

Josef Mengele: researcher, utilitarian, monster

We knew, or should have known, that this extremely ugly shoe was bound to drop eventually.

Last autumn, when the U.S. apologized for federal doctors infecting prisoners and mental patients in Guatemala with syphilis 65 years ago, it put us on notice that a vile and unethical cultural standard had taken hold of the American medical and scientific communities in the 20th century, one that held  it was “right” for the weakest, most powerless and most disposable of human beings to be tricked, coerced or bribed into serving as subjects for experiments that could lead to miraculous cures and treatments for the rest of the population. This–depriving human beings of their rights and lives in the interest of science—is “the ends justify the means” at its worst. But the Guatemala experiments proved that this was once flourishing and respectable in the U.S. scientific and medical research communities, so it would have been surprising if there weren’t more stories of home-grown Mengeles, and sure enough, there were. The U.S. acknowledged as much when it apologized for the Guatemalan tests. Now we have details. Continue reading →

The Ethics Final: Ending My Mother’s Life Today

/ Jack Marshall / 25 Comments

Some of our most important ethical decisions are made with the least analysis. At least that was the way it was for me this morning at 10:34, when my sister and I directed that my 89-year-old mom, Eleanor Coulouris Marshall, be taken off of life support. Continue reading →

A Strong Consequentialist Argument for Steve Jobs’ Liver…But Is It Right?

/ Jack Marshall / 2 Comments

Steve Jobs and friend

Back in June of 2009, when “Ethics Alarms” was but a twinkle in my eye, there was a momentary controversy when ailing Apple CEO Steve Jobs was able to use his enormous wealth to land on multiple regional organ transplant lists, thus vastly improving his chances of getting a precious liver transplant in time to save his life. The California native ultimately got a Tennessee liver, but critics cried ethics foul. The organ transplant distribution system is not supposed to be based on wealth: otherwise, why not just auction off livers to the highest bidders? Because most insurance companies won’t cover multiple listings, only the richest patients can afford to employ this strategy, meaning that a system that is supposed to be means-neutral favors the wealthy after all. Continue reading →