Missouri’s Unethical Food Stamps Bill

Sometimes you just need a good lobster. I'm from Boston. Trust me on this.

Sometimes you just need a good lobster. I’m from Boston. Trust me on this.

Years ago, my wise and wonderful first year Contracts professor at Georgetown Law Center, the late Richard Alan Gordon, made a permanent impact on my conscience with a spontaneous rant. He was discussing a case involving a welfare recipient who had been sued by a Washington department store for failing to keep up with installment payments on a Hi-Fi system. The court voided the contract, saying that it was unconscionable for the store to intentionally create incentives for poor people to spend public assistance money on “non-essentials” like music systems. (I wish I remembered the name of the case, but then I only got a C+ in the course.)

As the students nodded their heads in agreement with the opinion, Professor Gordon cut them short and thundered (I am copying from faded old notes: Dick’s rants were always eloquent and memorable, and I began reconstructing them after class for posterity):

“Outrageous! Who are you, or a court, or a government, or any authority to tell another human being that feeding his body is more important than feeding his soul? Music is “non-essential”? I suppose that means that literature, culture, inspiration, wisdom, knowledge…or a moment of joy, the thrill of discovery, experiencing a concert, admiring a great work of art, or sharing an intimate and timeless moment with the love of your life is “non-essential” too! Neither the law nor any court nor a government authority has a right to dictate what is essential to any human being, whether he is receiving public assistance or not. Being poor imposes its own cruel restrictions on liberty and autonomy. Imposing more still is both an abuse of power and a violation of basic human rights. This is an assault on human dignity.”

Continue reading →

Planet Ethics To Earth’s Gay Marriage Combatants: “You’re Mean, You’re Disgusting, And You’re Embarrassing The Human Race”

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It is hard to mediate a dispute where both sides feel entitled to use scorched earth tactics that ensure that innocent people get hurt. The gay (or same-sex) marriage wars have quickly escalated to that point, and while it may have been predictable, it was not necessary.

Gay marriage advocates, who were winning and, it is now clear, will win, could have shown patience and compassion toward the unsuspecting Americans of faith who weren’t paying close attention to the epic cultural shift underway, and who are reacting like most human beings react when the basic traditions, assumptions, and beliefs that they grew up believing were good, fair and immutable suddenly move beneath their feet like unstable tectonic plates—with confusion, anger, fear, impulsive words and actions based on instinct and panic. The gay advocates couldn’t bring themselves to do it, though. They rationalized their aggressive strategy with the Goldwateresque “Extremism in the  defense of liberty is no vice” approach to social change. They insisted on demonizing opponents, without caring about their motives or their lack of understanding of the issues. Even passive acceptance wasn’t enough: the pro-gay marriage warriors had to purge contrary thoughts from the culture. Forget about tangible opposition: anyone who wasn’t thinking friendly thoughts about gays and their unions had to be destroyed. Use the fear of the tradition-bound against them. Crush them…beat them into submission.

It has been ugly, destructive, and wrong. American shouldn’t lose their jobs for signing a petition or voting for a referendum. States, and all their businesses and individual livelihoods, shouldn’t be boycotted because of misguided laws. This week, a family that just want to make and sell good pizza was drawn into a controversy it neither understood nor could be expected to, and was targeted for destruction after the owner made a comment rife with ignorance about, well, everything. Does it really matter that a pizza seller mistakenly thinks that it would be honorable and virtuous not to cater a hypothetical same-sex wedding reception? Does the family really have to be brought to its knees, made an example of, and ruined to teach anyone else what can happen to them if they don’t conform to the new, mandated belief system?

Who respects or likes people who act this way? We call them bullies. We call them cruel. We call them fanatics. ( This hateful CBS reporter tried to derail the GoFundMe effort to raise funds to rescue the pizza place.) Unless we are determined to understand their motives, we are very likely to hate them.

So the advocates of gay marriage really think it advances their cause, and it is a just cause, to make people hate and fear them.

What utter, utter folly.

Naturally, as in any war, the other side has responded in an equally brutal and ugly manner, just worse—dumber, to begin with. It’s Dresden for Coventry all over again.  Continue reading →

Jerks, Liars, Hypocrites, Fools and Hoosiers: 10 Ethics Observations On Indiana’s Religious Freedom Restoration Act Controversy

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1. The law was passed to make discrimination against gays, trans individuals and especially same-sex couples seeking marriage if not easier, to at least seem easier. Anyone claiming otherwise is lying, or being intentionally obtuse. Would Indiana be passing this law without the Hobby Lobby decision or the various court rulings requiring photographers, bakers, and other businesses to provide the same products and services to gay couples that they do to heterosexuals? Yes, you say? Tell me another.

As GLAAD alertly pointed out, Governor Pence was surrounded by anti-gay activists when he signed the bill:

GLAAD Pence

This is res ipsa loquitur, and doesn’t speak well for the Governor’s candor or intelligence.

2. Context matters. The original laws of this sort (the Federal law signed by President Clinton is also called the Religious Freedom Restoration Act) were part of the left’s long range pro-drug strategy, like medical marijuana. It was essentially a hippie law designed to create a slippery slope to recreational drug legalization by allowing fringe religious groups, specifically Native American tribes, to use peyote in tribal ceremonies. Now you understand why Clinton signed the bill.

Oops. Excuse me if I enjoy the spectacle of the clever members of the Church of the Perpetually Stoned—including the ACLU, which once supported such laws as long as they pointed the way to their young lawyers being able to have their Saturday night joints legally but now opposes them—being hoisted on their own petard.

“When the federal government adopted a religious protection act in 1993, same-sex marriage was not on the horizon,” whines the New York Times. Well, competent, well-considered, properly drafted, responsibly passed laws don’t suddenly become unbearable, then fine, then unbearable again with every shift of the cultural winds. The intent of the law was never to protect mainstream religions, but cloaked itself in language that did. It backfired.

3. That being stipulated, the good states need to read their own laws before they start grandstanding. Connecticut Governor Dan Malloy just announced on Twitter that he plans to sign an executive order banning state travel to Indiana in response to its Religious Freedom Restoration Act. Yet Connecticut, hippie enclave and bedroom community of rich, white, liberal New Yorkers that it is, happily jumped on the religious freedom train with a law of its own, one that, as the Federalist points out, makes discrimination on the basis of religion easier than the Hoosier version, which only prohibits the government from substantially burdening religion. Connecticut’s law does not include the word “substantially,” meaning that all government-enacted burdens on religion are theoretically illegal.

I wonder how Malloy is going to ban government travel to Connecticut? Is the theory that the same law can be good when liberal states pass it and evil when those bad conservative states pass it? It is more likely that the governor hasn’t looked at his own state’s law.

4. The hysteria being stirred up over the supposed horribles Indiana’s law will lead to is irresponsible. Jonathan Adler explains on The Volokh Conspiracy: Continue reading →

Sliding UP The Slippery Slope: NO To Forced Sterilization, And A Belated NO To Forced Vasectomies Too

"OK, now this is entirely your free choice..."

“OK, now this is entirely your free choice…”

This has turned into Revisiting Old Posts Day on Ethics Alarms.

Last July, I posted an Ethics Quiz regarding a Virginia judge’s sentence offering a profligate and irresponsible serial father to choice between an extra four years in jail and a vasectomy at his own expense. After asking readers whether they thought the sentence was ethical, especially in light of the state’s ugly history of forced sterilizations, I demurred, writing,

I am not ready to make a call on this one. Since neglected children often become the responsibility of taxpayers, the argument that the state has no legitimate interest in regulating profligate reproduction by irresponsible parents falls flat. Is taking away someone’s ability to have more children (after seven) really a greater intrusion on his freedom than locking him up? Yet this sentence seems to cross lines that government should cross with caution, if at all. I’m not sorry that Herald won’t be inflicting more of his line on us. I am uneasy, however, with the way this result came about.

I am now ready to make an ethics call in the quiz in light of this news report: Continue reading →

Unethical Comment Threads: Slate’s Soulless, Cynical Hillary Enablers

The-Soulless

Hillary Clinton wiped her server clean of emails after a congressional committee had been established to investigate matters that she knew her e-mails related to and would be requested to investigate. She also made this decision after the Department of State belatedly asked her to return her e-mails for the public record as the law requires.

Destruction of documents after they have been requested by an official body authorized to do so is called spoliation. That’s intentional destruction of evidence to hide the truth: it can be illegal, and is always unethical. Moreover, spoliation supports the rebuttable presumption that the individual in charge  is attempting to cover up wrongdoing.  For an ex-government official to do this is damning; for a potential presidential candidate to do it is disqualifying…or should be, if the partisans of the party she belongs to have a shred of integrity, decency, civic responsibility or common sense.

Based on the comments on the Slate report on Clinton’s spoiliation, they may not have. Continue reading →

Flat Learning Curve Update: Yet Another Jaw-Dropping Leadership Fail From President Obama

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In the midst of yet another flashing neon display proving beyond all reasonable doubt that Barack Obama has the worst grasp of the Presidential leadership of any POTUS in over a century, a cheerful CNN/ORC poll found that 50% of those polled assert that Obama tenure has been a success, and 53% believe that things are peachy in the United States. It is beyond comprehension.

WARNING!

IMPULSIVE RANT FOLLOWS! SKIP TO MAIN BODY OF POST FOR RETURN TO RESTRAINED ETHICAL ANALYSIS! Continue reading →

Yes, Aaron Schock Is Untrustworthy. Why Wasn’t that Obvious From The Start?

SchlockRep. Aaron Schock (R-Ill) resigned from Congress this week, effective March 31, after it was revealed that he charged more driving miles of travel to taxpayers than he had mileage on his car. This was just the latest indication that Schock was infected with a fatal sense of entitlement, which you can read about here and  here. I’m not going to waste time declaring the Congressman unethical: obviously he is unethical. What concerns me is that he was elected to Congress three times despite being such a textbook example of a Narcissistic Personality Disorder victim that everyone should have been running away. This was a stunning instance of voters, journalists and pundits being naive, ignorant and incompetent. Continue reading →

The Unethical Cosby Victim: Jewel Allison

accuser

The thirty or so declared victims of sexual assault by Bill Cosby (sorry: when we get into double figures, “alleged” is misleading) have given various reasons for not reporting the crimes against them: fear of Cosby’s power, fear of retribution from the entertainment industry, fear of publicity, fear of not being believed, fear of humiliation. A recent addition to the list, however, has given an unequivocally unethical explanation for her 20 year silence in a Washington Post op-ed that has been called “courageous.” Jewell Allison’s confession is not courageous. It is disturbing and ominous. It shows what the trauma of the black experience in the United States has done to some African Americans, causing them to place group identification above reason, decency, good citizenship, compassion and common sense.

She writes:

“When I first heard Andrea Constand and Tamara Green publicly tell their stories about being drugged and assaulted by Cosby, I wasn’t relieved; I was terrified. I knew these women weren’t fabricating stories and conspiring to destroy America’s favorite dad, but I did not want to see yet another African American man vilified in the media. As I debated whether to come forward, I struggled with where my allegiances should lie – with the women who were sexually victimized or with black America, which had been systemically victimized.”

This makes no ethical sense or rational sense. Continue reading →

Iran Letter Ethics Q and A: Senate Heroes, Blame, Trust And Captain Queeg

Question:  Are the seven GOP Senators who did not sign the Iran letter Ethics Heroes?

Answer: I almost designated them as such, but that would have been a mistake. There are too many non-heroic and even unethical reasons Sen. Lamar Alexander (R-Tenn.), Sen. Lisa Murkowski (R-Alaska), Sen. Dan Coats (R-Ind.) and Sen. Thad Cochran (R-Miss.), Sen. Susan Collins (R-Maine), Sen. Jeff Flake (R-Ariz.), and Sen. Bob Corker (R-Tenn.), Senate Foreign Relations Chairman might have chosen to refuse to go along with their colleagues. Based on the explanations I’ve read, that seems to be the case. Collins, for example, says that she didn’t think the letter would work. Wrong answer: the reason to reject the letter is because it’s a flat-out violation of legislative limits imposed on the Constitution. Similarly, Flake says that he didn’t think the letter was necessary, whatever that means. It is also likely that some of the seven felt they could have their cake and eat it too: they want the letter to undermine U.S. diplomacy, but don’t want to take the criticism that goes with signing it.

Question: Do I blame President Obama for the letter?

Answer: A friend who is such a knee-jerking Obama enabler and excuser that it’s a miracle he can walk posted yesterday’s  Thirteen Ethics Observations On The GOP’s Letter To Iran on his Facebook page, and one of his knee-jerking friends wrote, “Typical: blame Obama.” I did not and do not blame Obama for the fact that the Republican Senators engaged in a foolish, dangerous and bright-line violation of the separation of powers, and anyone who could read the post otherwise is so deranged by bias that their faculties are impaired…or they just aren’t very bright.

I did write, and it is true, that the President shares significant responsibility for the poisonous and dysfunctional relations with the Congress that led to this fiasco. He is at the top of the government; it’s ultimately his job to make the government and the system work. Obama and his enablers reject accountability at every turn, but the unavoidable facts are that he is in charge, he took the job voluntarily, and whatever doesn’t work, including the government itself, is on his record. He never made a good faith, sincere, dedicated effort to work with the Republicans in Congress; he never worked to develop the negotiation, compromise, horse-trading, cajoling, quid pro quo skills that successful, competent Presidents have used to deal with the same levels of political opposition that he has found impossible to cope with. He took no steps to build trust in Congress, and engaged in serial conduct that was guaranteed to destroy trust, and has.

Finally, his illegal immigration executive order (the illegal accurately modifies both “immigration” and “order”) and his unilateral alterations to his own, incompetent and sloppy, health care law showed exactly the same contempt for constitutional limits as the Senate letter.

Obama is not to blame for the letter. He is absolutely and ultimately accountable for the conditions that prompted the letter and the decision to send it.

Question: Is there an ethical justification for sending the letter? Continue reading →

Sooner Ethics Quiz: Abuse Free Speech Rights, Or Ignore Them?

David Boren, the president of the University of Oklahoma, announced that two students would be expelled from the school for leading a racist chant that was preserved on a video and went viral on YouTube. The video shows tuxedo-clad men from the Sigma Alpha Epsilon fraternity  on a bus chanting :

There will never be a nigger at SAE
There will never be a nigger at SAE
You can hang him from a tree
But he’ll never sign with me
There will never be a nigger at SAE

Who would want to be in a house with these assholes?

 The national fraternity apologized and closed the OU chapter. That was a proper response. (Tell me again what’s good about fraternities.) First Amendment specialist Eugene Volokh, however, pointed out on his blog that the expulsion was unconstitutional:

First, racist speech is constitutionally protected, just as is expression of other contemptible ideas; and universities may not discipline students based on their speech. That has been the unanimous view of courts that have considered campus speech codes and other campus speech restrictions …The same, of course, is true for fraternity speech, racist or otherwise…Likewise, speech doesn’t lose its constitutional protection just because it refers to violence — “You can hang him from a tree,” “the capitalists will be the first ones up against the wall when the revolution comes,” “by any means necessary” with pictures of guns, “apostates from Islam should be killed.”

To be sure, in specific situations, such speech might fall within a First Amendment exception. One example is if it is likely to be perceived as a “true threat” of violence (e.g., saying “apostates from Islam will be killed” or “we’ll hang you from a tree” to a particular person who will likely perceive it as expressing the speaker’s intention to kill him); but that’s not the situation here, where the speech wouldn’t have been taken by any listener as a threat against him or her. Another is if it intended to solicit a criminal act, or to create a conspiracy to commit a criminal act, but, vile as the “hang him from a tree” is, neither of these exceptions are applicable here, either.

Hey, Oklahoma…Rodgers and Hammerstein just called. They’re officially changing the name of the musical and the song to “North Dakota!”

Your Ethics Alarms Ethics Quiz:

Which is the greater ethics breach: the students abusing their First Amendment rights, or the University of Oklahoma violating them?

Continue reading →