Gender and Sex

“Indictment: The McMartin Trial,” An Ethics Movie That Seems Disturbingly Relevant Today

/ Jack Marshall / 8 Comments

How I missed the 1995 HBO film “Indictment: the McMartin Trial” for almost 30 years, I don’t know, but I did. The Oliver Stone produced legal drama about the insane events surrounding what turned out to be the start of a nation-wide freak-out over supposed Satan worship and widespread child abuse at day-care centers is unusually accurate for a docudrama. For this reason it is also infuriating. How could this have happened even once?

In August of 1983, the mother of a 2-year-old boy phoned the Manhattan Beach (California) Police Dept. claiming that her son had been sexually abused at the family-run McMartin Pre-School. That accusation prompted a series of sensational and inflammatory reports from an unscrupulous broadcast journalist (or “journalist,” for short) at WABC-TV. It also prompted the police to contact other parents with children at the school to ask if their children had been molested. Those children were, in turn, interviewed by a crusading social worker named Kee MacFarlane, who used controversial techniques to persuade the young children that they had seen and experienced terrible things, escalating from sexual abuse to having to witness ritual rapes and human sacrifices. (This was one of the seminal cases in the psychiatry profession’s “implanted memories” scandal.)

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Ethics Hero: EEOC Commissioner Andrea Lucas [Corrected]

/ Jack Marshall / 20 Comments

Well this was certainly refreshing and unexpected!

Donald Trump-knockoff billionaire Mark Cuban stated in gratuitous tweet that he has “never hired anyone based exclusively on race, gender, religion,” but that “race and gender can be part of the equation” because he believes “diversity is a competitive advantage.”

What virtue-signaling claptrap! What does that last part even mean? Does Harvard consider that its acceptance of diversity as a substitute for genuine credentials and ability has given the university a “competitive advantage” as it competes for the best students, faculty and donors? Yesterday, in addition to having it revealed that its top DEI officer is a DEI hire herself who rose to predominance with the assistance of bogus scholarship, a wealthy donor who last year gave the university $300,000,000 dollars announced that he was through. “Will America’s elite university get back to their roots of educating American children – young adults – to be the future leaders of our country or are they going to maintain being lost in the wilderness of microaggressions [and]a DEI agenda that seems to have no real endgame…?” Ken Griffin asked in response to being asked if he could be lured back as a donor. Continue reading →

Ethics Quiz: The Innocent-Until-Proven-Guilty College Basketball Star

/ Jack Marshall / 18 Comments

Illinois guard Terrence Shannon Jr. 23, was arrested in Lawrence, Kansas on Dec. 28 and charged with rape. While he visited Lawrence last September, he grabbed a woman and sexually assaulted her at a bar, or so the woman claimed to police. The Illini suspended Shannon following his arrest, but the player’s attorney requested a temporary restraining order against the school this month to force Illinois to let him resume playing basketball. A federal judge granted the request on January 19.

Shannon has been playing with the basketball team ever since. Last week, playing against Northwestern in his first road game since the arrest, he was taunted by fans chanting “No means no!” and “Guilty!”

Your Ethics Alarms Ethics Quiz of the Day is this: Continue reading →

Stop Making Me Defend Harvard!

/ Jack Marshall / 1 Comment

Maybe there is some hope for the tarnished Ivy League progenitor after all. Maybe.

I cite as the evidence for this the near unanimous beat-down a Harvard Crimson editor received from the presumably Harvard community commenters on an arrogant screed called “I’m Trans, and I’m Not up for Debate.” If there ever was smoking gun evidence of the political Left’s attitude toward opposing views, unwelcome speech and “offensive” ideas, this is it.

The essay, posted in the venerable Harvard student-run daily newspaper, begins, “For a community that represents such a small percentage of the population – less than one percent – trans people have occupied a strikingly large portion of public and political discourse.” Why yes, and whose fault is that? Who decided that public school teachers had any business delving into the problems of that tiny percentage of the population, or that the sliver would decide to assert imaginary rights, like being able to crush women in athletic competitions?

“As a transgender person, it has been exhausting to watch my community’s basic rights put into jeopardy and framed as subjects for debate,” undergrad E. Matteo Diaz ’27 writes. “Should trans people be allowed in public bathrooms? Should we be allowed to play sports? Should we be included in school curricula? Should we have access to healthcare? We are treated like a question to be answered, a problem to be solved,” he (She? Readers are never ordered to use specific pronouns) continues. “To cast trans rights as a “debate” suggests that the opinions of all parties — however ignorant of the reality of trans existence — are equally deserving of merit and consideration,” we are told.

Well all righty, then! No debate! What trans activists say must be accepted as revealed truth! How typical of the 21st century Left: challenging the cant is blasphemy. More:

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More Evidence California Doesn’t Get That First Amendment Thingy…

/ Jack Marshall / 10 Comments

It’s not the only one, but still…

Assembly Bill 1831, introduced by California Assemblyman Marc Berman (D–Palo Alto) this month, would expand the state’s definition of child pornography to include “representations of real or fictitious persons generated through use of artificially intelligent software or computer-generated means, who are, or who a reasonable person would regard as being, real persons under 18 years of age, engaging in or simulating sexual conduct.”

Does Berman comprehend why the possession of child pornography is a crime in the first place? Clearly not. Somebody please explain to him that the criminal element in child porn is the abuse of living children required to make it. The theory, which I have always considered something of a stretch but can accept the ethical argument it embodies from a utilitarian perspective, is that those who purchase or otherwise show a proactive fondness for such “art” in effect aid, abet, encourage and make possible the continuation of the criminal abuse and trafficking of minors. It is not that such photos, films and videos cause one to commit criminal acts on children. That presumption slides down a slippery slope that would justify banning everything from Mickey Spillane novels to “The Walking Dead.”

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From the “Res Ipsa Loquitur” Files…Ethics Dunces: Parents Who Allow Their Daughters To Be Subjected to THIS

/ Jack Marshall / 7 Comments

That’s Henry Hanlon, apparently a male basketball player who “identifies” as female. Clearly, it’s good for his ego. (Can’t tell who I’m talking about in the photo? Guess!)

The San Francisco Waldorf high school girls basketball team is on a roll, thanks to its court domination by team captain Henry Hanlon. No, he doesn’t even bother to carry a female name. California’s Interscholastic Federation (CIF) established “Gender Identity Participation” rule in 2013, and it is bats.“All students should have the opportunity to participate in CIF athletics and/or activities in a manner that is consistent with their gender identity,” the policy states. As CIF’s Associate Executive Director Brian Seymour explains, “All of our athletes, all the eligible athletes, are afforded the opportunity to compete with the gender they feel most comfortable with.” Oh. I can see where a high school athlete might be “most comfortable” with a fanciful gender ID that allows him to feel like the Harlem Globetrotters playing against their eternal patsies, the Washington Generals.

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A “Nah, There’s No Mainstream Media Bias” Classic: CBS Reports on the Fani Willis Scandal

/ Jack Marshall / 5 Comments

Now that the anti-Trump, Democrat propaganda-promoting, biased and incompetent mainstream media has been forced to cover the unfolding Fani Willis ethics debacle that threatens to swallow her partisan “Get Trump!” prosecution, it is giving us blazing examples of just how untrustworthy its coverage can be. The headline above looms over CBS’s “news” story that is really a lame and transparent effort to try to spin the Fulton County DA out of the mess of her own making.

The focus of the report is that poor Fani just about had to hire her lover as one of the prosecutors in the high profile case against Donald Trump, because she was “unable to find someone in the DA’s office with the stature and credentials needed for the case,” and “turned to at least two other legal heavy hitters in Atlanta who turned the job down.” Then the article, while conceding that Nathan Wade had little relevant experience, tells us that Wade was Willis’s “friend and mentor” <cough!> and that she told colleagues he “had the toughness to handle the scorched-earth legal tactics that Trump’s lawyers and their co-counsel were likely to employ in the legal battle.” You know, because Trump is such an evil bastard.

Then the article explains that…

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“Confronting My Biases” Meets “The Ethicist”: The Webcam Model Son

/ Jack Marshall / 7 Comments

“The Ethicist,” Kwame Anthony Appiah, was oh so sensitive answering this query from a concerned parent:

….I have just found out that my [college age] son is a “model” on a pornographic streaming service. My initial reaction was shock, revulsion and shame. But the longer I think about it, the more I wonder, is there really anything immoral or otherwise wrong about what he is doing? He does it from the privacy of his home, alone, and seems to earn a substantial amount of money. If he likes what he does, is there any reason on my part to feel alarmed, ashamed, guilty or worried?

The NYU philosophy prof essentially says that nobody is being hurt by the son’s activities, so they cannot be called “wrong.” He then explains, as I cut through the verbiage…

“If we agree that your son’s camming isn’t wrong, what explains your initial sense of revulsion? Part of your response might arise from the familiar intrafamilial squeamishness about sexual disclosures. That response, then, may have been connected not with what he was doing but with you, as his parent, knowing about it….you can also have prudential concerns. How would his prospects be affected if word got out about his webcam gig? Livestreams can be recorded and uploaded. Even if you think that erotic livestreaming is neither wrong nor shameful, it’s natural, as a parent, to worry about how others might react…There’s nothing hypocritical about compartmentalizing a cam gig. Pretty much all cultures — and subcultures — have ideas about modesty, privacy and discretion, and so understandings about the contexts where erotic display or simply nudity is appropriate.”

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Comment of the Day: “Army Policy Is Apparently That Its Prosecutors Must ‘Believe All Women’”

/ Jack Marshall / 10 Comments

As I thought it might, the post about the Army’s head sexual assault prosecutor being fired because a decade’s old email suggested that defense attorneys would have to fight hard for the rights of accused servicemen being targeted by politicians “with an agenda” quickly attracted intense commentary. (Oddly, or perhaps not, the story has been largely ignored by mainstream media. My mining of obscure legal ethics sources has its benefits.) No commentary was more illuminating or useful than this, the Comment of the Day by 77Zoomie, on the post, “Army Policy Is Apparently That Its Prosecutors Must ‘Believe All Women’”…

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Some thoughts from someone who has both prosecuted and defended sexual assault cases in military courts.

Although it is a difficult concept for most civilian attorneys to grasp, the military justice system that was put in place in the early 1950s (as the Uniform Code of Military Justice) Is designed to accomplish two, sometimes contradictory, tasks. The first is to provide constitutional due process to service members accused of any of a specific list of crimes delineated by the UCMJ. Military defense counsel are obviously crucial in this process because they are frequently the only individuals with the capability to adequately overcome the tremendous advantage possessed by the prosecution on a military installation. Prosecution authority rests ultimately in a series of commanders at various levels. These individuals have unlimited resources at their disposal, including the ability to select potential jurors and to influence proceedings in any one of a thousand different ways, some obvious but most not. Military defense attorneys are generally removed from the formal chain of command so that local commanders cannot affect the career of a zealous defense counsel working to protect the interests of her client.

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Army Policy Is Apparently That Its Prosecutors Must “Believe All Women”

/ Jack Marshall / 10 Comments

This story, initially reported by the Associated Press, is at very least ominous, and at most a reminder that the Biden Administration’s position is that a man accused of sexual assault is considered guilty until proven innocent.

Unless the man is Joe Biden, of course.

At the beginning of last month, the Army’s head sexual assault prosecutor, Brig. Gen. Warren Wells, was fired from his job by Secretary of the Army Christine Wormuth. The justification given was a 2013 email in which he had the audacity to remind Army defense lawyers that they were the last line of defense against false accusations. The message read,

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