Gender and Sex

Morning Ethics Warm-Up, 12/31/2018: “Goodbye 2018, And Good Riddance!” Edition

/ Jack Marshall / 12 Comments

Happy dying gasps of 2018!

1. Double standards inquiry: Will someone please explain to me why this magazine cover, which made O.J. Simpson blacker than he really is…

 

was universally condemned as racist, and this current cover of New York Times Magazine, making the late Aretha Franklin look like a ravenous rotting zombie from Hell..

…is just an artistic choice? (ARRGHHHHH!!!)

2. And speaking of looks…It is impossible not to notice that TV commercials are increasingly featuring overweight, ordinary-looking actors instead of the impossibly beautiful people who once were the automatic choices to sell products. This is an ethical development for the culture generally, and should help children develop more realistic aspirations regarding their own appearance. Now if only TV dramas would adopt the same inclusive casting policies—a particularly egregious candidate for reform is “law and Order” creator Dick Wolf.  His old series cast one eye-popping beauty after another as the male ADA’s sidekick, and now he is stocking his current NBC line-up of Chicago Med, Chicago Fire, and Chicago PD, with police women, female firefighters and distaff doctors who would be right at home in the pages of Vogue.

3.  More on “Enemies of the People”: Novelist and conservative gadfly Sarah Hoyt has issued a spirited defense—okay, it’s a screed, a rant even— of President Trump’s characterization of the news media, going over ground I have covered (most recently here and here), but with special brio. Read the whole thing— she is mostly right, if a bit hyperbolic and inflammatory—but here are some highlights: Continue reading →

Unethical, Shameless, Gutsy, Creepy Or Thought-Provoking: Kevin Spacey’s Christmas Video

/ Jack Marshall / 10 Comments

What do we make of this, released by actor Kevin Spacey lastweek almost at the same time as he was being indicted for sexual assault?

Yikes.

The much-acclaimed actor  career collapsed in 2017 as more than 30 people claimed that Spacey had sexually assaulted them. Now he is speaking in the persona—with accent!— of his Netflix series villain, Frank Underwood, the central character of “House of Cards.” Or is he? Much of the speech seems to refer to Spacey’s own plight, and suggests that the actor is being unfairly convicted in the court of public opinion. By using the voice and character of an unequivocal miscreant however, for Frank is a liar, a cheat, a sociopath, indeed a murderer, such protests are automatically incredible.

Or is Spacey making a legitimate argument that an artist’s personal flaws should be irrelevant to the appreciation of his art, especially in a case like “House of Cards,” where the actor’s role can’t possibly be undermined by the actor’s own misdeeds: whatever one says or thinks about Spacey, he can’t  be as bad as Frank Underwood. If you enjoyed watching Underwood destroy lives on his way to power, why should Spacey’s conduct, even if it was criminal, make you give up the pleasure of observing his vivid and diverting fictional creation? This isn’t like Bill Cosby, serially drugging and raping women while playing a wise, moral and funny father-figure. Spacey seems to be arguing that there should be no cognitive dissonance between him and Underwood at all. Who better to play a cur like Frank  than an actor who shares his some of his darkness? Continue reading →

Sunday Ethics Warm-Up, 12/30/2018: A Petition, A Career-Killing Joke, And Priestley’s Play [UPDATED]

/ Jack Marshall / 15 Comments

Good Morning!

1. One more time...I’m really going to try to get a year-end ethics review up for 2018. In both of the last two years, I failed miserably, and The Ethics Alarms Best and Worst of Ethics Awards never posted. It is a very time-intensive exercise, and the traffic for the posts have never been substantially more than an average entry that is a tenth as long.

We shall see.

2. The Bad Guys, Redux. It’s a problem: one wants to curb the trend of demonizing political adversaries, and yet we keep seeing escalating examples of unequivocally despicable behavior that deserves to be demonized, because it is constant, self-righteous, and indefensible.

Over at GoFundMe, someone named Brian Kolfage, has posted a petition and a crowd-funding effort to pay for “the wall” if Congress won’t. He writes, “I have a verified blue check Facebook page as a public figure and I’m a Purple Heart Recipient triple amputee veteran.”

This is not encouraging. [Correction notice: I originally wrote “Facebook does not use a “blue check,” though Twitter and Instagram do, (and abuse it.)” I checked this, but my source was wrong. Facebook does give public figures “blue checks.”] I guess Kolfage is sort of a public figure. He is also a controversial one who has pushed extreme right-wing conspiracy theories. When asked why he doesn’t mention any of his controversial crusades and advocacy in promoting his crowdfunding effort, he has responded, “My personal issues have nothing to do with building the wall.” Fine: what do his war wounds have to do with building a wall?

Never mind: the appeal has raised over 18 million dollars to date, although the contributions have slowed considerably. It’s a futile effort; I suppose it has some value to show public support for enforcing immigration laws. If people want to donate their money to such a cause, it’s their money to give, though they might as well be making little green paper airplanes out of hundred dollar bills and sailing them into the wind.

Megan Fox reports, however, that someone who wants to punish anyone who doesn’t support open borders is taking names and doxxing contributors. She writes,

Did you donate money to the GoFundMe page to build the border wall? If you did, there’s a good chance this guy/gal or otherkin has doxxed your Facebook profile to millions of other nasty trolls who will now make it their business to harass and punish you with anonymous online mobs. Get ready, because your life is about to get more interesting. Based on my personal experience, once these monsters get your information and the directive to destroy you, the death threats, vandalism, obscene pornography, and harassment at work are not far behind. And the worst part is, no one will help you — not the police or the FBI or anyone else whose job it should be to stop intimidation and harassment.

Nice. Continue reading →

Morning Ethics Warm-Up, 12/29/18: ‘Infuriating Stuff I Wish I Didn’t Have To Know About Or Write About’ Edition

/ Jack Marshall / 35 Comments

Screaming from mountain tops does no good, I know, but this is the life I have chosen…

Good Morning.

(My beautiful Christmas tree is drooping already, despite meticulous care. (Did you know that in Philadelphia it’s called a “Holiday Tree”? Did you know they had gone mad in Philadelphia?) I’ve had some last until February first. Not this one, I fear.)

1. Like most of the journalism establishment here, only less subtle about it.  Der Spiegel reporter Claas Relotius was exposed this month to be that publication’s version of Stephen Glass, a star journalist who just made stuff up. He, however, made stuff up to play to anti-Trump sentiments abroad, writing multiple stories to show how bigoted and backward the town of Fergus Falls, Minnesota was, explaining why it went for President Trump in the 2106 election.

The New York Times story on the hoax shows how Relotius could have accomplished the same mission using just spin, slanted framing and old fashioned bias. Read the thing: it just drips with thinly veiled contempt for Trump voters, and the President, of course. “The election results speak for themselves,” says the Times, knowing how the typical times reader will take that. The Times reporters reveal that the town isn’t full of racist yahoos as if that is news in itself.

2. Can’t let this pass, unfortunately. President Trump and first lady Melania Trump were taking calls from young children wondering about Santa’s whereabouts on Christmas Eve, as part of the NORAD Santa tracker (which I think is a waste of money no matter what it costs, and an example of the government being involved where it should not be), and had  this conversation  with 7-year-old Collman Lloyd which was videoed on both sides;

Collman told the President about the Santa visit preparations underway at the Lloyd household, saying “Probably put out some cookies and then we’re hanging out with our friends, so that’s pretty much all.”

The President: “Well that’s very good. You just have a good time.”

Collman: “Yes, sir.”

The President: “Are you still a believer in Santa?”

Collman: “Yes, sir.”

Trump: “Because at seven it’s marginal, right?” 

Collman: “Yes, sir.”

The trivial exchange triggered more Trump-bashing and a ridiculous amount of negative commentary. This approaches blind hate at a pathological level. The focus of the attacks were that the President’s “marginal” line supposedly destroyed the girl’s belief in Santa Clause. Ugh.

  • She later said that she had no idea what “marginal” meant. We  all know Trump can’t talk: this is Julie Principle territory. The only way one assumes that his intent was to shatter the girl’s innocent faith is if one thinks the President is a monster…which is what the news media wants the public to think.
  • If I had to guess, I would say that he was noting that not all of her friends did believe in Santa—which is, studies say, true. My son was a skeptic at 6. I. in contrast, believed in St. Nick until I was 28…
  • Collman also said that what the Evil Scrooge Trump said didn’t cause her not to believe in Santa, though this could be called moral luck.
  • Even at seven, a personal exchange with the President of the United States would have meant so much more to me than any dents in my Santa Claus beliefs that I wouldn’t have given it a second thought. Of course, when I was seven it was the norm that all citizens respected and honored the President, because that was whom our democracy chose to lead us.

Continue reading →

Morning Ethics Warm-Up, 12/28/18: As 2018 Runs Out…

/ Jack Marshall / 35 Comments

Good Morning!

1. By the way… I want to thank all the stalwarts who have kept the comments lively over this holiday period, when traffic traditionally  all-but-halts at Ethics Alarms, and the 2018 installment has been especially slow, like the whole %^&$#@ year, really. It’s no fun speaking into the winds and shouting into the abyss. The responses and feedback mean a great deal to me, and I am grateful.

2. This sexual harassment concept really shouldn’t be so hard to grasp...but you know how it is when there’s a way to use  legitimately wrongful conduct to  justify exerting power over another—-they’ll streeeeeetch the definition as far as it can go and beyond. This is creative, I must say: A University of Missouri official was questioned regarding a case where a black male Ph.D. candidate asked a white female fitness trainer to go on a date and was eventually suspended from the school for sexual harassment and stalking.  In her deposition in the current appeal, the official suggested that the fact that the male student was larger than the female student gave him “power over her” and violated school policy.

This, of course, would make all instances where a larger male asks a smaller woman out in a school or workplace setting potential harassment, depending on whether she decided later that she was intimidated.  I presume that this would also apply in the rarer circumstances where a larger woman asks out a smaller man…here, for example:

I wonder if the heels count?

3. More over-hyped harassment: A white paper by the National Sexual Violence Resource Center and Urban Institute classifies hard staring as sexual violence. Amy Alkon relates an incident when a victim of such staring called it “rape,” and indeed, “stare rape” is now recognized in some deranged setting as an offense. Continue reading →

Morning Ethics Warm-Up, 12/27/18: It’s Video Thursday!

/ Jack Marshall / 38 Comments

Happy inevitably confusing and disorienting period between Christmas and New Years!

1.. Is this a racially problematic TV ad, or an encouraging one that signals progress?

For me, the commercial raises the question: Have we reached a point when depicting an entire black family acting as moronic as white people are routinely depicted on TV is permissible and white people are allowed to laugh at it?

It made me uncomfortable. Am I alone?

2. Charley Parkhurst. The New York Times project to catch up on all the significant and remarkable women who never received the recognition of an obituary in its pages has been fascinating, and there has been no more interesting entry than this month’s remembrance of Charley Parkhurst, 1812-1879. Parkhurst was a famous driver of six-horse stagecoaches during California’s Gold Rush, a challenging job requiring strength, skill, and unusual honesty. Parkhurst was described as “short and stocky,” a hard-living whiskey drinker, cigar smoker and tobacco chewer, who wore  a patch  over the empty eye-socket where a horse had kicked out the eyeball. Charley was also universally regarded as male until a doctor discovered, post mortem, that she wasn’t. At a time when a women’s options  were severely limited, Parkhurst decided at a young age to live as a man, and was mighty good at it. She even registered to vote in 1868, and some give her the distinction as the first woman to vote in a Presidential election, though there is scant proof of it.

Looking at and thinking about a women “identifying a male” in a different cultural context is fascinating. Was Charley a woman, a male, trans, gay, a fraud, a hero (a heroine?), or just an opportunist and a gutsy realist who did what she wanted to do the only way it was possible for her to do it?

And does it matter? Should it matter?

We are told that Charley also was a lumberjack for a time. I wonder what she would have thought of the Monty Python song?

3. An Althouse quote: Continue reading →

Comment Of The Day (1): The Transgender Secret: Was I Right Then, Or Am I Right Now?

/ Jack Marshall / 9 Comments

Many, many excellent comments followed this post. The issue, covered here before but long ago, was when a transgender individual is ethically obligated to reveal that fact to a romantic target, or partner. The Ethics Alarms poll on the question reached these results:

Here is the first of two Comments of the Day from The Transgender Secret: Was I Right Then, Or Am I Right Now?; this one is by Rich in CT.

I voted “before having sex” and/or “when the relationship becomes serious”; as these were the earliest stages on the list. I also included “when marriage becomes a possibility” as the latest possible time to reveal. (I did not include “first kiss”, as this is too vague a time period)

My take would be as soon as practical (including at soon as the overt risk of a violent reaction is ruled out). The current consensus is that gender and orientation are spectrums, not binary absolutes. Within this logic, we have a duty to understand and respect our romantic partner’s place on the spectrum. One (of ant orientation) might be exclusively attracted to the extreme end of the female gender spectrum, for instance. This might preclude attraction someone with a surgically transitioned body. Since gender and orientation are considered persistent traits, it is not necessarily bias alone that dictates this exclusive attraction.

One must also consider cultural values of a partner. Any relationship I’ve been in, I’ve made known early on that kids (naturally conceived) are a long term goal of mine. On this basis alone, I might decline to pursue any women with known infertility. Were such detail withheld, I would feel extremely hurt and betrayed. Continue reading →

The Transgender Secret: Was I Right Then, Or Am I Right Now?

/ Jack Marshall / 34 Comments

I recently wrote here that I have been pleasantly surprised when looking back on old posts to find that I am almost always in agreement with them. Naturally, I have immmediately been confronted with an issue where I now question Past Jack’s verdict.

Ebony has a “confession’ article—it may be fake, but the issue isn’t—by a trans woman who writes in part regarding her husband,

We were months into dating and contemplating sex before it ever occurred to me that Carlos might need to know… It was wrong, but I chose to keep the secret rather than risk losing him. Now, four years later, Carlos and I are happy and madly in love! It has been a roller coaster, but we couldn’t be happier. But it’s this happiness that is causing me such pain because Carlos feels that it is time to add to our happy family. He is excited to be a father and his face lights up at the very thought. So how do I break his heart? How do I tell him that all of our trying has been in vain because, despite my best efforts to be the person I always felt I was, I’m still not who he thinks I am?

My answer: Suck it up and tell him the truth. Maybe have him watch “The Crying Game” a few times. The relationship has already been built on a material lie, and now adding to the dishonesty by concocting a reason why children are not an option just damages the relationship further.

I do think that transgendered individuals have a difficult choice regarding the timing of this revelation as they enter a relationship, but that’s a different issue (There’s a poll on that one coming up.)

In 2012, however, I did post following an Emily Yoffe advice column (“Dear Prudence”) , and came to the opposite conclusion, in contrast to Yoffe. Then I wrote, Continue reading →

Christmas Questions For A Thoroughly Confused Culture

/ Jack Marshall / 32 Comments

In “A Christmas Kiss,” the 2011 Hallmark-style Christmas movie (that premiered on the Ion channel, but really would have been right at home on the Hallmark channel, or for that matter, the Crap Channel), Wendy Walton is an aspiring interior designer. One night, while preparing to go out with her roommates in glitter makeup,  she encounters an impossibly handsome, formally-dressed stranger in the elevator. When the elevator stalls and seems unstable, Wendy is thrown into the stranger’s arms….or perhaps grabs him for support, or in fear.  The elevator starts moving again, and he impulsively embraces her and gives  her a passionate, romantic kiss.  They part without her learning his name, and Wendy breathlessly tells her roommates about her magical encounter with the handsome stranger.

2018 questions:

1 Was the kiss sexual assault? Wendy did not consent to it. Continue reading →

Morning Ethics Warm-Up, December 19, 2018: Facebook’s Lies, Hillary’s Letter, Harvard’s Defenders, And Kavanaugh’s Victory

/ Jack Marshall / 13 Comments

Good Morning!

1. Open Forum today! As soon as this post is up, I’ll open a forum for readers here to raise their own suggestions for ethics topics and to offer their commentary without me getting in the way. The last one was a spectacular success, attracting over a hundred comments, generating many fascinating threads, and producing three Comments of the Day so far. Just keep the topics on ethics, don’t get distracted by tangents and bickering, and keep it civil.

The immediate motivation for today’s forum is that I have to prepare for and deliver an annual end of year ethics CLE seminar at the D.C. bar. If you’re in the vicinity and need the credits, or just want a lively ethics workout, come on by and say hello. Here are the details:

Date: December 19, 2018

Event start time :1:30 PMEvent end time:4:45 PM

Venue:D.C. Bar: 901 4th ST NW, Washington, DC 20001-2776

Credit: 3.0 Ethics Credit Hours, including 3 hours of professionalism for those states with such requirement.

Description: Widespread discord in our current culture places unusual stress on professional ethics, and unfortunately, the legal profession is not immune. The past year saw many legal professionals, including famous names in the law, make questionable decisions and breach legal ethics standards, providing both cautionary tales and fodder for analysis. This challenging and interactive class will explore important developments and looming perils that every lawyer should be ready to face.

Topics include:

• Direct adversity vs. “general adversity,” and whether it matters
• Sexual harassment as a legal ethics problem, and the profession’s vulnerability to “The King’s Pass”
• Defying a client for the client’s own good
• Fees, referrals and gaming the rules for fun and profit
• Professional responsibility vs. legal ethics
• The increasing threat to law firm independence and integrity
• The technology ethics earthquake

..and more!

Faculty: Jack Marshall, Pro Ethics Ltd.
Fee: $89 D.C. Bar Communities Members; $99 D.C. Bar Members; $109 Government Attorneys; $129 Others

2. Meanwhile, here are Facebook’s “standards”… As Ethics Alarms posts continue to be blocked on Facebook in various ways, including by “community standards” that for some reason reject the ethics of “Miracle on 34th Street,” the social media behemoth’s own standards are coming into focus: From CNBC: Continue reading →