Gender and Sex

Ethical Quote Of The Month: Harvard Law Professor Jeannie Suk Gersen

/ Jack Marshall / 28 Comments

“We chose to set up our system to be stacked in favor of the defendant in all cases.So, in areas where most of the defendants are male, and most of the accusers are female, it’s a structural bias in favor of males. Even if we were to get rid of sexism, it would still be very hard to win these cases. I think this is what we have to live with on the criminal side, because we’ve made the calculation that this is the right balance of values.”

—-Jeannie Suk Gersen, Harvard Law School professor, explaining why the failure of a jury to convict Bill Cosby has little to do with sexism and everything to do with our standard of guilt in criminal cases.

The Professor could also have said, just as accurately,

‘We chose to set up our system to be stacked in favor of the defendant in all cases. So, in areas where the defendants are police officers, and most of the victims are black, it’s a structural bias in favor of cops. Even if we were to get rid of racism, it would still be very hard to win these cases. I think this is what we have to live with on the criminal side, because we’ve made the calculation that this is the right balance of values.’

It’s the exact same problem. The confusion comes when the public or a portion of it is  certain that particular defendant is guilty, and thus regards the failure of the system to find him so as proof of a malfunctioning justice system. It isn’t. It is proof that the system functions as it is supposed to, was designed to do and must do.  We do not take citizens’ freedom away unless guilt can be proven beyond a reasonable doubt under the evidence rules of the law. This is what Colin Kaepernick doesn’t understand. This is what Black Lives Matters refuses to understand. This is what feminists and the Obama Education Department, which commanded that universities give the benefit of the doubt to accusers in allegations of sexual assault rather than the accused, either refuse to understand or do understand but argue against anyway to pander to the ignorant.

Americans, however, must understand this principle, and not just understand but fight for it, because it is the foundation of the Rule of Law as well as our individual rights.

Before I am done I will probably have posted this scene from “A Man For All Seasons” more than a hundred times. Maybe I should post it every day. Those who casually advocate forging short-cuts and detours through our laws and rights as the remedy for what they perceive as intolerable wrongs need to see it, read the words, memorize them, and maybe be quizzed on the scene’s lesson as a condition predicate to being respected in any policy debate:

 

Morning Ethics Warm-Up: 6/15/17 [UPDATED]

/ Jack Marshall / 42 Comments

1. Topic for a longer post when I can think hard about it: five officials in Michigan, including the head of the state’s health department, were charged with involuntary manslaughter yesterday in connection with the Flint water fiasco. The use of criminal sanctions based on gross incompetence by public servants is such a slippery slope that I instinctively recoil from it. Unless an official can be shown to have deliberately harmed people, trying officials for crimes when the real “crime” is that they were  stupid, negligent, incompetent or lazy has the whiff of scapegoating about it, will discourage more citizens from entering government service, and is so likely to become a political weapon—especially these days–that abuse of process is almost inevitable. The Flint catastrophe involved culpability at three levels of government, all the way to the EPA. These five officials are criminals, and the rest are—what? Acceptably incompetent?

2. The polarization in the news media and society is such that I find myself hesitating to use material that appears on an openly conservative website,  papers like the Washington Times or New York Post, or Fox News. This, despite the fact that I use the New York Times and the Washington Post more than any other sources, despite the undeniable evidence that their coverage is often partisan and biased. In the current environment where the Left and its allies appear to be circling the wagons, I encounter articles like the one by Megan Fox discussed in the next item and wonder why similar  analysis isn’t  appearing in the Times, the Post, or Vox? It is obviously valid and fair. But it is also critical of the left-biased news media, and so far, that entity is refusing to acknowledge how much harm its abandonment of objectivity is inflicting on the nation. So the analysis appears on a right-biased site, giving half the country an excuse to ignore it, and those who read my related post an excuse to dismiss it, and Ethics Alarms.

Good system. Continue reading →

From The Law vs. Ethics File: The Discriminatory Charlotte Pride Parade

/ Jack Marshall / 89 Comments

Brian Talbert, a member of “Gays for Trump,” submitted  an application to Charlotte Pride, Charlotte’s Gay Pride parade, so they could have a float in this year’s event. His application was rejected, with this explanation:

 

Charlotte Pride reserves the right to decline participation at our events to groups or organizations which do not reflect the mission, vision and values of our organization, as is acknowledged in our parade rules and regulations by all groups at the time of their parade application. In the past, we have made similar decisions to decline participation from other organizations espousing anti-LGBTQ religious or public policy stances.

Charlotte Pride envisions a world in which LGBTQ people are affirmed, respected and included in the full social and civic life of their local communities, free from fear of any discrimination, rejection, and prejudice.

Charlotte Pride invites all individuals, groups, organizations and causes which share our values to join our community’s celebration of the LGBTQ community, history, arts and culture during the Charlotte Pride Festival and Parade, Aug. 26-27, 2017.

In other words, because Charlotte Pride does not support Talbert’s political views, he is being denied the opportunity to present a minority point of view. Constitutional Law prof Eugene Volokh explains why this is entirely legal:

“First, Charlotte and North Carolina do not ban discrimination by parade organizers based on political affiliation. Only a few jurisdictions include political affiliation on their lists of prohibited bases for discrimination.

Second, even if a public accommodation law did ban such discrimination, it couldn’t apply to parades organized by nongovernmental organizations. Such parade organizers have a First Amendment right to exclude groups from their parades based on the messages the groups convey about their members’ sexual orientation, political affiliation, religion, race and whatever else to make sure that a parade conveys just the speech that parade organizers want to convey.”

The precedent Volokh cites for this principle? Why, it’s Supreme Court’s holding in Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston, Inc. (1995), declaring that the organizers of Boston’s St. Patrick’s Day Parade had a First Amendment right to exclude the gay/lesbian/bisexual group.

It seems that many groups advocate diversity, tolerance and fairness until they achieve the power to do their own discrimination. That is, good bigotry. Discriminating against gays is bad.  Gays discriminating against gays who support the President of the United States is good.

Sure it is. Golden Rule? What’s that? This is intolerance, bigotry, a failure of integrity, hypocrisy….and also bullying, as it aims to coerce group members to accept mandated political views that are not their own.

But it’s not illegal, so it’s all right! Continue reading →

Reconsidering “Lincoln,” Lincoln…And Trump

/ Jack Marshall / 28 Comments

I’ve been reading a lot about Abraham Lincoln of late. A book by William Hanchett called “The Lincoln Murder Conspiracies” reminded me that while President Jackson is the closest historical match for the populist, outsider aspect of Donald Trump’s rise, the startlingly close match for the antipathy and hatred Trump has faced from the moment of his election eerily traces the experience of Abraham Lincoln.

Like Trump a minority President, Abe won only 39.8% of the popular vote but was still comfortably elected by the Electoral College. As with Trump, his opposition refused to give him a chance to govern or unify the nation, although in his case, the Democrats divided the country literally, seceding from the union before Lincoln took the oath of office. Today’s Democrats are without that option (thanks to Lincoln!), but are doing everything else in their power to undermine the elected leader. (And California, the most Democratic state, is saber-rattling about seceding.) Also like Trump, Lincoln did not concede that his lack of a popular vote majority in any way robbed him of a mandate to govern.

From the moment the election results were known, many Democrats proclaimed the election of Lincoln itself to be an act of aggression, a “declaration of war.” Many in Lincoln’s own party—even his own Attorney General—accused him, with some justification, of engaging unconstitutional measures. The Governor of New York evoked the Revolutionary War generation, saying that they would not stand for such incursions on their rights. Constitutional expert George Ticknor Curtis of Massachusetts predicted that the Lincoln Presidency would “be an end to this experiment in self-government.”

Meanwhile, pundits and critics heaped personal abuse on Lincoln, calling him grotesque, a barbarian, ” gorilla.” Diarist George Templeton Strong, whose words are so often quoted by Ken Burns in his documentary about the Civil War, called him a “yahoo.” It was said that fashionable New Yorkers would be ashamed to be seen in the presence of someone as boorish and uncultured as Lincoln;  it was rumored that he rejected handkerchiefs and “blew his nose through his thumb and forefingers, frontier-style.” As late as 1864, a New York editor wrote,

“[The President] is an uneducated boor. He  is brutal in all his habits and in all his ways. He is filthy. He is obscene. He is vicious.”

Somehow, despite this cruel barrage of ad hominem rhetoric, arguably more successful then that it would be now since the public has more knowledge of the President and can make their own observations, Lincoln persevered to meet the greatest challenges any President ever faced.

While still pondering some of the parallels with today’s relentless attacks on our current President, I watched again the 2012 Stephen Spielberg-directed film “Lincoln,” which was almost unanimously praised when it was released, and which I enjoyed a great deal when I first saw it. This time, however, “Lincoln” revealed itself as an ethics corrupter. Continue reading →

Comment Of The Day: Why That “We’re Glad You’re Our Neighbor” Sign Is Unethical (As Well As Obnoxious)

/ Jack Marshall / 15 Comments

Mrs. Q, who is keeping Ethics Alarms current on the oppressive politically correct environment slowly poisoning Portland, Oragon, was moved to issue another report in reponse to the Ethics Alarms post about a virtue-signalling sign popping up live wild-flowers on yards across America here is her Comment of the Day on the post, “Why That “We’re Glad You’re Our Neighbor” Sign Is Unethical (As Well As Obnoxious)”…(I’ll be back at the end.)

This yard sign is just about everywhere in the city including businesses, churches, schools, and city offices.

 

This one is also popular. I love how the “Science is real” part is in green.

Black Lives Matters signs often accompany the 2 above. Also on businesses, schools, etc.

This one is mostly on businesses/community centers but some residents have this sign taped to their living room windows.

What’s most interesting is that all the problems this town suddenly has with “hate” came after the anti-Trumpers started putting these signs up. I told a (former) friend that I thought these signs were virtue signaling and devisive and smug I didn’t appreciate that every day everywhere an average citizen can’t take a walk or go to the gym without knowing the political opinions of the home/business/agency owners.

She promptly quoted Eleanor Roosevelt’s “No one can make you feel inferior” mantra. Funny enough she’s white, I’m not, and instead of actually listening to me, you know as a special downtrodden minority, she dismissed my concerns altogether about how such signs may negatively affect a community (and then she cut me out of her life. Yep, so tolerant). Continue reading →

From The “The Fish Rots From The Head Down” Files: The Uber CEO’s “Miami Letter”

/ Jack Marshall / 1 Comment

You wonder why Uber has ethics problems?

This is why Uber has ethics problems.

Uber is being investigated by two law firms hired to make assessments regarding the corporate practices and culture at the ride-sharing giant, determine what created the toxic environment that led to sexism, sexual harassment, other unethical management conduct, and recommend remedial measures. Usually in such situations, the problem stems from unethical leadership. Guess what? Uber’s unethical conduct stems from not merely unethical leadership, but a leader with ethics alarms that have rotted into dust and rust.

The two law firms recently uncovered a 2013 e-mail sent to Uber’s staff by  CEO Travis Kalanick before a company outing in Miami.  Internally referred to as the “Miami letter,” this thing screams “What was he thinking?”, “Where were the lawyers?” and “This guy might get elected President of the United States!”

Here is the e-mail; I’m going to bold some important features: Continue reading →

Morning Ethics Warm-Up: 6/10/17

/ Jack Marshall / 9 Comments

 

1. In the category of “Good!”, or maybe “Better late than never!” was the news that CNN, after a a full week of pondering, determined that maybe it wasn’t sufficiently professional for a host to call the President of the United States a “piece of shit,” or anyone a “piece of shit,” really, or use “shit”  under the CNN banner, so it fired “Believer” host Reza Aslan. I don’t know why CNN can’t figure out that an immediate firing sends the message that the organization has professional standards and enforces them, and the way CNN handled this says, “We were hoping this would blow over, but guess not.”

Aslan’s tweet after his hook raised other questions:

  • Wait, CNN is trying to be an unbiased new outlet???
  • Oh, is “piece of shit” how scholars express themselves now?
  • “I need to honor my voice” by being able to use vulgarity to express his measured views. Got it.
  • The “tenor” of discourse is entirely within the control of the speaker.
  • Why does CNN put people on the air who don’t understand or respect their professional obligations to the network or the audience?

2. Fox News’s Sean Hannity got web headlines yesterday by tweeting to Aslan: “I do not think you should be fired. You apologized.” Sean Hannity is really too dumb to be allowed out without a leash. His theory is that an apology magically returns everything to where it was before the conduct in question, as if there were no effects. This was serious breach of professionalism and responsibility showing the Aslan was too untrustworthy to be allowed to have his own TV show. It proved that he was a threat to CNN’s reputation (Crude News Network” is the current successor to “Clinton News Network,” and no organization can function if its announced policy is “Go ahead, do anything; as long as you apologize, your job is safe.” Continue reading →

Morning Ethics Warm-Up: 6/8/17

/ Jack Marshall / 28 Comments

[I have been pondering doing this for some time now. Literally every day there are issues and stories that arise that are either too minor for a full post, or crowded out by other issues. Often I never get to them. Also my various issue scouts (especially Fred) have been burying me with excellent candidates for discussion and analysis, and I never get to most of them, frustrating all of us. So I am going to see if I can begin every day with a set of short notes about these topics, reserving the right to expand some of them into full posts later.]

1. Stacy Lockett, a teacher at Anthony Aguirre Junior High, has been fired after she gave out facetious awards to students such as “Most likely to become a terrorist” and “Most likely to blend in with white people.” Good, I think. These are too sensitive issues to expect middle-schoolers to laugh at, and the ‘awards”  show terrible judgment. Still, I am thinking back to comments made in class by some of my favorite 7th and 8th grade teachers, some targeting me. I thought they were funny, and the teachers knew I would think so. All of them would have been fired today, according to the Lockett Standard (Pointer from Fred)

2. By not disciplining Reza Aslan, the host of its “Believer” program who called President Trump a “piece of shit,” “an embarrassment to humankind” and a “man-baby” CNN has made it clear that it has abandoned any vestiges of professionalism or regard for journalism ethics. Well, perhaps “even more clear” is more accurate. CNN allowed Carol Costello to gleefully mock Bristol Palin for getting emotional over being battered; it has allowed Don Lemon to get smashed on the air two New Year’s Eves in a row, and shrugged off Anderson Cooper speculating about the President taking “a dump on his desk,” to give just three examples. Its excuse for Aslan was especially weird, claiming in a statement that he was a host but not an employee. Aslan apologized, but it was a dishonest apology, claiming that the tweets were impulsive and “not like me,” but in another tweet on May 9, he wrote,

“Oh the joy when this lying conniving scumbag narcissistic sociopath piece of shit fake president finally gets what’s coming to him.”

It’s sad to see what CNN has become since Trump’s election. I am embarrassed for the network. but more than that, I am in sorrow for the public. It is not being served by this kind of amateurish, biased and unprofessional journalism.

3. I finally decided that this law suit was too stupid to write about: a ridiculous woman named Holly O’Reilly has found some lawyers—not just any lawyers, either, but the First Amendment Institute at Columbia University—-willing to file a lawsuit claiming that President Trump cannot block her on his Twitter account because doing so is a First Amendment violation of her rights of free speech. The institute’s executive director, Jameel Jaffer, said in a statement that Mr. Trump did not have a right to exclude his critics from engaging with his posts. Does anyone think this is anything but nonsense? Anyone but the New York Times, that is, which wrote, ” The request raises novel legal issues stemming from Mr. Trump’s use of his Twitter account, @realDonaldTrump, to make statements about public policy,” and the Washington Post, which published the woman’s silly  op-ed .

When did “novel” come to mean “absurd”? The President blocking a Twitter user on the social media platform isn’t “government action” any more than not taking her phone calls or not reading her letters. She can still say anything she wants on Twitter. Next she’ll sue because she isn’t allowed to ask question at White House press briefings. Columbia University should be embarrassed, but when the anti-Trump  hate virus melts your brain, embarrassment is often the first casualty. Continue reading →

Another Religious Freedom vs. Gay Rights Ethics Clash: The Country Mill Farms Farms Affair

/ Jack Marshall / 47 Comments

Steve Tennes (above) and his devout Catholic family own  Country Mill Farms, Winery, Orchard and Cider Mill. in Charlotte, Michigan. The picturesque locale makes additional income by renting out the venue for weddings and events.

Last August, a visitor to Country Mill’s Facebook page asked if they hosted gay weddings at the farm. Tennes answered in the negative, explaining that his Catholic family believes marriage should be between a man and woman. The Tennes family sells its products at an East Lansing  farmers market, and that city’s officials were notified of their “no gay weddings” policy. A city ordinance  requires that participants in the market, even those not located within East Lansing city limits, have to agree with its non-discrimination ordinance.  “I think it’s a very strong principle that you should not be discriminating against somebody elsewhere and then come here and want to participate in our market,” East Lansing City Manager George Lahanas told the news media.

Lansing  officials urged (threatened?)  Tennes to comply with its ordinance, so the farm stopped hosting weddings of any kind for a while. Then Tennes decided to defy the order and announced on Facebook that the farm would resume hosting weddings, but only those involving a man and a women. In turn, the city told Tennes that his farm would not be welcome at the farmer’s market for the 2017 season.

“It was brought to our attention that The Country Mill’s general business practices do not comply with East Lansing’s Civil Rights ordinances and public policy against discrimination as set forth in Chapter 22 of the City Code and outlined in the 2017 Market Vendor Guidelines, as such, The Country Mill’s presence as a vendor is prohibited by the City’s Farmer’s Market Vendor Guidelines,” the city said in a letter to the family. Just coincidentally I’m sure,  East Lansing recently updated its civil rights ordinance to include discrimination at “all business practices” for participants the city’s farmers market. City Mayor Mark Meadows said the farm’s exclusion is based on the Tennes family’s “business decision” to exclude same-sex weddings. (Since the limitations on the weddings performed undoubtedly forfeits business, I have my doubts about whether the city can win the claim that it is a business decision and not a religious one.)

Now the farm is suing East Lansing. “Our faith and beliefs on marriage and hosting weddings at our home and in our backyard of our farm have nothing to do with the city of East Lansing,” Tennes said at a press conference last week “Nor does it have anything to do with the produce that we sell to the people that attend the farmers markets who are from all backgrounds and all beliefs.”

The suit asks the court to restore Country Mill Farms’ freedoms, stop East Lansing’s “discriminatory policy,” and award damages. The city claims its policy is in line with the U.S. Supreme Court’s ruling eliminating a ban on same-sex marriage.

My first comment: Yechhh. I’ll sure be clad when society is accustomed enough to same-sex couples that people stop treating them like they are viruses and other people stop bullying those who are slow to accept the cultural shift into submission.

I think East Lansing loses this lawsuit, or at least should.

At first it reminded me of this case, from 2014, where a family-run chapel was initially told by Coeur d’Alene, Idaho that it had to hold same-sex weddings. The city backed down, but the decisive issue in that case was that the chapel’s minister would be forced to do a ceremony that his religious beliefs didn’t permit. Forced speech is as unconstitutional as restricted speech, so the city eventually said, “Never mind!”

I wrote in part,

What’s next, legally requiring citizens to accept invitations to gay weddings? Make sure they get a nice gift? …It appears not to even occur to dedicated gay marriage rights activists that Americans can’t be forced to say what the good people think they should say, or support what the right people insist they should support. I happen to believe that same-sex marriages are good, and that legalizing them is right. Nonetheless, if you tell me I have to officiate at one of them or be fined, we have a problem. This kind of fascism from the left—and that’s what it is— forfeits the support of the fair, the moderate and the sane…Any advance in ethics can become a slippery slope to the unethical, and this is a good example. Personal autonomy still matters; freedom of belief is still an important right to respect and protect. Slippery slopes need sand, and this is an excellent example of why.

The ethics issue here is related, but different. This one reminds me more of the Chic-Fil-A controversy, when various mayors were announcing that because the company’s owner was a vocal opponent of same-sex marriage, his business wasn’t welcome in their cities. I wrote (in part) about that ethics train wreck: Continue reading →

Ethics Quiz: Harvard’s Anti-Meme Vendetta

/ Jack Marshall / 50 Comments

…or not

Harvard College rescinded admissions offers to at least ten anointed members of the Class of 2021 after it discovered that the prospective students traded sexually explicit memes and messages in a private Facebook group chat. Some of the memes apparently mocked and denigrated minority groups.

The admitted students had formed the messaging group, “Harvard memes for horny bourgeois teens,”on Facebook in late December, 2016.

The members of the group sent each other memes and other images mocking sexual assault, the Holocaust, and the deaths of children, among other topis.  Screenshots captured and obtained by the Harvard Crimson, the student newspaper, revealed that  some messages joked that abusing children was sexually arousing, while others had punchlines targeting ethnic or racial groups, like one that called hanging a Mexican child “piñata time.”

Harvard administrators were alerted  to the existence and contents of the chat and sent the students an e-mail that read,

“The Admissions Committee was disappointed to learn that several students in a private group chat for the Class of 2021 were sending messages that contained offensive messages and graphics As we understand you were among the members contributing such material to this chat, we are asking that you submit a statement by tomorrow at noon to explain your contributions and actions for discussion with the Admissions Committee. It is unfortunate that I have to reach out about this situation.”

A week later, at least ten members of the meme chat group were sent letters from Harvard announcing that their admission offers were no longer valid, and that the decision was final.

“As a reminder, Harvard College reserves the right to withdraw an offer of admission under various conditions including if an admitted student engages in behavior that brings into question his or her honesty, maturity, or moral character.”

Your Ethics Alarms Ethics Quiz Of The Day…

Was Harvard’s action fair, reasonable and proportionate?

Continue reading →