Gender and Sex

Should Rep. Weiner Resign?

/ Jack Marshall / 45 Comments

Well, at least Weiner got THAT off his chest. Now all he needs to do is resign.

I was giving a seminar on building an organizational culture free from sexual harassment today, and happened to mention Rep. Anthony Weiner’s Twitter misadventures. “Allegedly!” shouted out one of the participants. “Allegedly,” I conceded. “But I’m pretty sure we’re going to find out that he behaved inappropriately; I knew that the minute he said that the crotch in the picture might have been his. Might have been his? What kind of guy his age takes photos of his crotch?” By the time I left the seminar at about 4 PM, Rep. Weiner was already engaged in his excruciating press conference, confessing, apologizing, and taking the full brunt of the media’s onslaught.

A woman had come forward to reveal more photos the Congressman had sent to her over social media…sad, embarrassing photos for any man over the age of 16 that hinted at untreated emotional problems in a man with a new wife, a high-profile job, and so much to lose. Rep. Weiner had to come clean, not that he had been doing a very convincing job of lying over the past week.

Give him credit for a forthright capitulation to the truth, once he changed his story. Continue reading →

The John Edwards Indictment

/ Jack Marshall / 4 Comments

Cornell law professor Michael Dorf makes my heart leap in admiration by bucking the popular trend—especially among Democrats and soft-hearted media types who 1) only like seeing Republicans and conservatives get in trouble for sex scandals and 2) think Edwards “has suffered enough” —of arguing that the prosecution of John Edwards for campaign fundraising violations is based on a weak legal case. On his blog, Prof. Dorf  argues persuasively to the contrary:

“At its core, the indictment alleges that Edwards knowingly: 1) in violation of federal campaign finance law, accepted money well in excess of the individual campaign contribution limits; 2) spent that money to hide his extramarital affair with Rielle Hunter; and 3) in violation of federal campaign finance law, failed to disclose either the donations or the expenditures….

“…The real question with respect to the government’s point number 1) is whether the hundreds of thousands of dollars were given to Edwards ” for the purpose of influencing any election for Federal office.”  Subject to a whole lot of irrelevant exceptions, that’s the statutory definition of a “campaign contribution.”  It is nearly inconceivable that the money for hiding the Hunter affair was not “for the purpose of influencing” the 2008 Presidential primary.  What other possible purpose could it have served? Continue reading →

Batter Up! The Hypocrisy of Bigotry Victims Discriminating

/ Jack Marshall / 15 Comments

If there is something dumber than gay-only softball leagues, I don't want to know what it is.

This is a story rife with such mind-melding stupidity and hypocrisy that I really don’t want to recount it in all its nauseating detail. To be brief, there is an organization called The North American Gay Amateur Athletic Alliance, and it oversees gay softball leagues in dozens of U.S. cities.It also runs an annual tournament called the Gay Softball World Series. Now it is in court, as three men filed a lawsuit complaining that their team’s second-place finish in the 2008 Series  was unfairly nullified because they are bisexual, not gay, and thus caused their team to exceed the limit of two non-gay players.

Fascinating. And why, oh why, are there athletic teams in the United States of America that restrict their roster according to who the athletes have sex with? Why are not all self-respecting, intelligent, ethical gay Americans telling these organizations that they are an embarrassment and a disgrace to the very values gay rights advocates are fighting for in more substantive realms, like marriage, the priesthood, and corporate America? Continue reading →

“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 →

Setting the Fairness Alarm For Congressman Weiner

/ Jack Marshall / 5 Comments

Set alarm to "Unfair".

Rep. Anthony Weiner (D-NY) is embroiled in a strange and distasteful controversy arising from the receipt by a young woman of a tweet from Weiner’s Twitter account including a photograph of a man’s provocatively bulging underwear–with both the garment and the bulge-producing contents allegedly belonging to the Representative.  Such situations require the media, the public, political allies and foes alike to set their ethics alarms to “Fairness,” because being unfair is so easy and seductive.  If your ethics alarms are properly calibrated, here is what should feel fair and unfair to Congressman Weiner.

Unfair: Assuming he sent the photo. He is a Congressman, an elected representative of the nation’s legislature. Just because other Congressmen (now ex-Congressmen) have, within memory, sent shirtless photos of themselves over the internet to troll for sex and giddily described having “tickle fights” with staff members does not have any probative value regarding what Rep. is or is not capable of doing. He claims his account was hacked as a prank. He deserves the benefit of the doubt until there are legitimate reasons to question his credibility on this issue. Even then, I think we owe it to him and our faith in democracy to begin with the assumption that a member of the U.S. House of Representatives couldn’t possibly be so crude, irresponsible and stupid as to send a photo of his crotch to a young woman. Continue reading →

Comment of the Day: “Two Mothers, Young Love and Deception”

/ Jack Marshall / 11 Comments

Lianne Best, who writes a weekly newspaper column about the challenges of a working wife and mother, weighs in with the alternative point of view regarding my post about a friend’s handling of her daughter’s boyfriend’s deception. I was afraid someone was going to write this, because I find the argument persuasive and it makes me doubt the wisdom of my advice. Still, I think I support my friend’s decision not to blow the whistle on the boyfriend, primarily because he’s 17, not 15. By 17, a child is engaged in an ongoing controversy about autonomy, trust and boundaries; the boyfriend is accountable for defying his mother, but it is his life and I would grant him the right to make his own mistakes, if mistakes they are, without my active interference. Lianne is persuasive, however…and she has a teenage daughter and son of her own:

“I like the advice … but because the horse has already left the barn far behind.

“I am actually pretty horrified that Julia is actively participating in and abetting the subterfuge. Even if she doesn’t agree with Ishmael’s mother’s rules (and let’s note they could be his father’s rules too; and maybe his church’s rules, and his culture’s rules), that doesn’t mean she should be actively plotting to subvert them.

“In this instance were it my own daughter, I would NOT take the decisive action of contacting Ishmael’s mother, but NEITHER would I allow him to spend the night there, and help my daughter make up stories and situations to enable the relationship. She’s happy? Please. Teenage female happiness is tenuous and temporary at best. (Has anyone on here LIVED with a 16-year-old girl??) It’s one year, probably less, until Ishmael is 18. So much can (and will) change in that year! Until then, group get-togethers (movie dates and parties) should be fine. Continue reading →

Ethics Challenge: Two Mothers, Young Love and Deception

/ Jack Marshall / 11 Comments

A good friend—call her Julia— with a teenage daughter (she’s 16) recently  asked me for help with an ethical dilemma.

Julia’s daughter is quiet, seemingly conservative, and socially restrained. She has never had a boyfriend, and has been on few dates, until now. She has been seeing a young man—call him Ishmael— her own age (well, he’s 17) who seems to match her to perfection in every respect. He’s sensitive, polite, and witty,  and on top of everything, he’s really cute, the object of every one of her friends’ and rivals’ awe.

Of course, there is a problem. Ishmael’s mother is fanatically protective: he is not supposed to date until he is 18, and has to check in with her every hour when he is out of the house. The relationship with my friend’s daughter only exists through an elaborate subterfuge, involving complicit friends and relayed phone messages. Once, in order to facilitate a special date to go to a concert, Julia allowed the boy to sleep overnight (in the guest room), when he was supposedly staying a male friend’s house.

My friend wanted to know if she should tell the boy’s mother about his web of lies. A parent has a right to have his or her own rules respected, and not undermined by other parents. The Golden Rule, applied to Ishmael’s mother, yields a demand that she be told; Julia would want to be told if her child was systematically defying her.

On the other hand, she firmly believes that the mother’s restriction on her son are excessive, and she has never known her daughter to be so happy.  She is worried that informing the mother will cause a serious rift with her daughter, and perhaps worse. “What is the ethical course?” she asked me. “What should I do?” Continue reading →

Ethics Dunces: Joe Klein and Chris Matthews

/ Jack Marshall / 5 Comments

John Edwards agrees with Chris Matthews

Journalist Joe Klein has been a candidate for an Ethics Dunce award for a long time, because he has been ethically suspect or worse for a long time. His defining integrity moment came when he lied about his authorship of the Bill Clinton roman-a-clef, “Primary Colors.” Since that time, Klein has gradually evolved into a shamelessly biased and ethically muddled political commentator from the left. Too bad. He’s a perceptive guy and a wonderful writer, but he makes his living now shooting from the hip, so we seldom get the benefit of his best qualities.

It was inevitable that the Chris Matthews Show would allow Klein’s ethical blindness to reach full flower.  Matthews has been on his own journey of self-diminishment since MSNBC decided to become the anti-Fox; where once he could be counted on to treat the issues of the day fairly and avoid partisan cheerleading, the Obama years have seen him abandon any effort at objectivity or even-handedness. Matthews’ Sunday morning panel show now eschews ideological balance and has Matthews posing questions to a rotating group of reliable conservative-bashers, with an occasional straight journalist mixed in who at least pretends to be neutral.  On Sunday, Matthews asked his panel about the appropriateness of the Justice Department’s prosecution of uber-cad John Edwards for violations of the federal election laws. It’s not a bad question, and reasonable people can disagree about the answer. The charges against Edwards stem from solicitation of large cash gifts from two long-time friends and supporters while he was simultaneously running for president and trying to cover up the existence of his love-child with Rielle Hunter and the adulterous affair that spawned her.  The money was given directly to Hunter, raising a legal question as to whether it was really a campaign contribution at all. Continue reading →

When An Apology Proves You’ll Say Anything: Ed Schultz’s Amazing Mea Culpa

/ Jack Marshall / 7 Comments

"Hey Ed! Your masks are showing!

After MSNBC had announced that it was suspending Ed Schultz for a week without pay for calling conservative talk-show host Laura Ingraham a “slut” on his syndicated radio show, its boorish left-wing star delivered an on-air apology. Schultz certainly seemed sincere and contrite, saying solemnly that his “vile and inappropriate language” was wrong and uncalled for.  “I am deeply sorry, and I apologize,” he said. “I apologize to you, Laura, and ask for your forgiveness…It doesn’t matter what the circumstances were. It doesn’t matter that it was on radio and I was ad-libbing. None of that matters. None of that matters. What matters is what I said was terribly vile and not of the standards that I or any other person should adhere to…..And I have been in this business since 1978, and I have made a lot of mistakes. This is the lowest of low for me. I stand before you tonight in front of this camera in this studio in an environment that I absolutely love. I love working here. I love communicating with all of you on the radio and the communication that I have with you when I go out and do town hall meetings and meet the people that actually watch. I stand before you tonight to take full responsibility for what I said and how I said it, and I am deeply sorry.”

“My wife is a wonderful woman,” Ed continued, getting emotional. “We have a wonderful family. And with six kids and eight grandkids, I try to set an example. In this moment, I have failed. And I want you to know that I talked to my sons especially about character and about dignity and about the truth. And I tell you the truth tonight that I am deeply sorry and I tell them every day that they have to live up to standards if they want to be a successful human being in life. And I have let them down. I have never been in this position before to the point where it has affected so many people. And I know that I have let a lot of people down…. Continue reading →

Ethics and the Case of the “Large-Breasted Woman”

/ Jack Marshall / 14 Comments

 

Now SHE'S what you call a distraction...

Illinois attorney Thomas W. Gooch III became the object of great hilarity in legal circles this week when he reacted to what he felt was an unethical courtroom tactic by his opposing counsel in a lawsuit by filing this motion in limine:

 Defendant’s counsel is anecdotally familiar with the tactics and theatrics of Plaintiff’s counsel . . . . Such behavior includes having a large breasted woman sit next to him at counsel’s table during the course of the trial. There is no evidence whatsoever that this woman has any legal training whatsoever, and the sole purpose of her presence at Plaintiff’s Counsel’s table is to draw the attention of the jury away from the relevant proceedings before this court, obviously prejudicing the Defendant’s in this or any other cause. Until it is shown that this woman has any sort of legal background, she should be required to sit in the gallery with the rest of the spectators and be barred from sitting at counsel’s table during the course of this trial.

Not surprisingly, the motion failed, and predictably, Gooch has become the latest villain in the gender wars, reducing a competent legal professional (according to attorney Dmitry Feofanov’s answer to the complaint) to the size of her bra cup and denigrating women generally. Continue reading →