Gender and Sex

Parental Responsibility, Child Exploitation, and Billboard Ethics

/ Jack Marshall / 8 Comments

Here’s a rule of thumb: Don’t give the rights to reproduce your child’s photograph to a photographer or ad agency unless you are prepared to accept however it is used, and certain that your child will not be harmed or embarrassed as a result.

Is that so hard?

Tricia Fraser has sued Life Always and Majella Cares Heroic Media, an anti-abortion group, claiming it used her daughter’s picture in “a racist, controversial advertising campaign” that is “defamatory, unauthorized, and offensive,” posting the 4-year-old girl’s photo on a giant billboard by the Holland Tunnel and another in Florida.

Nice try. But there is nothing racist about the campaign, and nothing defamatory about using her daughter’s photo in it.  Continue reading →

Colorado’s Adultery Dilemma

/ Jack Marshall / 66 Comments

Relax! It's OK...you're in Colorado!

In most states, adultery is one of the great examples of how something can be wrong and destructive without being illegal, a useful concept to have in mind when a corrupt politician or a crooked corporate executive  says “I didn’t break any laws!” It is also a good example of unethical conduct that is better controlled by ethics than law. A law against adultery is theoretically defensible as a deterrent of harmful social conduct, and the state definitely has an interest in preserving family stability. The problem is that regulating offenses triggered by love, lust and romance feels excessively intrusive to most of us. It has overtones of the Plymouth colony. For better of worse, minimizing adultery belongs in the realm of ethics, not the criminal law. Continue reading →

The Sex and Werewolf-Obsessed Novelist (But NOT Naked!) Teacher Principle

/ Jack Marshall / 18 Comments

Could YOUR English teacher have written this?

Mild-mannered  Judy Buranich has taught high school English in Pennsylvania’s Midd-West School District for 33 years, always with the accolades of parents and students. Until recently, however, she had successfully kept a very different second occupation secret: under the pen name “Judy Mays,” she has forged a niche in the genre novel field, writing erotic fantasy suspense tales about lusty women who are typically involved in complex love-triangles where one or more participants are outer space aliens, vampires, or especially werewolves. On the Judy Mays website, a synopsis of her latest novel, “Undercover Heat,” reports:

“Melody Gray has a dilemma, two of them really. First, a CIA agent name Nick Price has appeared at her detective agency looking for a former client of hers named Jake Fields….What Nick isn’t telling Melody is that he’s really searching for Jake because his superior believes he’s a werewolf, not that Nick believes in them….What Melody isn’t telling Nick is that Jake Hurley is really Garth Gray, her brother.  She knows exactly why Nick Price is hunting her brother.  After all, Garth is really a werewolf.  So is Melody for that matter…. Continue reading →

Don’t Cheer Mississippi’s Westboro Baptist Tactics Too Loudly: You Never Know Who Might Hear You

/ Jack Marshall / 26 Comments

"Demonstrators? Just leave them to us."

Sgt. Jason Rogers, who was killed in action in Afghanistan, was buried two weeks ago in Brandon, Mississippi. As is its custom, the Westboro Baptist Church, fresh from U.S. Supreme Court-confirmed constitutional protection, was prepared to sully Sgt. Rogers’ funeral with its usual hateful chants about how God kills our soldiers to punish our sinful, homosexual-loving ways. Its plans were foiled, however, by a little bit of traditional Mississippi social control ingenuity.

A couple of days before the funeral, one of Fred Phelps’ vile cultists boasted about the upcoming protest while visiting a Brandon gas station, and the good citizenry on the scene gave him the sound beating they felt his sentiments warranted. Continue reading →

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

Comment of the Day: “The Hazing Abuse of Michael Warren”

/ Jack Marshall / 3 Comments

Frequent commenter and anti-child abuse advocate Steven Mark Pilling catalogues the defenses and rationalizations offered here by collegiate commenters who thought my post was overly hard on pro-hazing Hartwick College. The references to “Hounddog” relate to a thankfully buried film shot five years years back that required a 12-year-old Dakota Fanning to be the victim in a graphic rape scene with an adult actor. Steven, along with Paul Petersen and others, successfully exposed the film’s skirting of laws and exploitation of Fanning. You can read my ethics commentary on that horrible story here and here.

“Jack: In reading those collegian posts and your responses, I almost had a feeling of deja vu. Isn’t it amazing how all the excuses and means of “defending the indefensible”- no matter what the specific issue- have points of commonality that immediately grab at you? When I was involved in the “Hounddog” issue, I ran into them all. I see many of them here… Continue reading →

Ethics Hero: Attorney Paul Clement

/ Jack Marshall / 23 Comments

John Adams defended the guys in red, and Paul Clement understands why.

Law firm King & Spalding announced Monday that it would no longer represent congressional Republicans regarding the constitutionality of the Defense of Marriage Act (DOMA), the controversial 1996 legislation that defines marriage as being only between a man and a woman.. In response, the firm’s chief appellate lawyer, Paul Clement, who was handling the case, resigned from the firm.

In February, the Obama administration announced that its Justice Department would refuse to defend DOMA in a number of lawsuits, an unusual, controversial and troubling decision. It doesn’t take a lot of imagination to conceive of other federal laws another administration might decide to render dead letters by non-defense despite being duly passed by the people’s representatives. A government has an obligation to duly execute its laws or repeal them. The policy of the Administration regarding DOMA raised issues of governmental integrity quite separate from the provisions of the law itself. Continue reading →

The MacDonald’s Beating Video, Another Dead Canary in The Ethics Mine

/ Jack Marshall / 14 Comments

Vernon Hacket: videographer, violence afficianado, shameless bystander

Last week, In the early hours of  April 18,two teenaged patrons at a Rosedale, Maryland MacDonald’s brutally beat Chrissy Lee Polis, 22, into a seizure. The attack was captured on a video recorded by Vernon Hackett, one of the MacDonald’s workers, on a cellphone camera. Other employees can be heard laughing on the video, and Hackett apparently is heard warning the attackers that the police are coming. He has been fired by the restaurant’s proprietor.  (More on this here.)

His firing was well-deserved, but it doesn’t begin to address the disturbing implications of the incident. Continue reading →

Fake Pregnancy, Real Deception, Real Harm

/ Jack Marshall / 21 Comments

"How exciting! It's fake, isn't it?"

Gaby Rodriguez, a Yakima (Washington) High School senior, faked a pregnancy for six months as a school-approved senior project. She told no one about the charade, which the school has called a “social experiment,” except her mother, boyfriend and principal. Others, like her siblings, her boyfriend’s family, fellow students, friends and teachers, were led to believe the pregnancy was real.

Thanks to hidden camera shows like ABC’s “What Would You Do?” and various reality shows, too many people have the impression that everyone they meet is a potential guinea pig. On the contrary: using decent, disguise, deception and lies to “see how people react” is no better than lying for any other reason, and often more harmful. Continue reading →

E-Mail Revelations: Prof. Ellen Lewin’s Unprofesssional Intolerance

/ Jack Marshall / 22 Comments

Ellen Lewin, a University of Iowa Professor of Anthropology and Gender, Women’s & Sexuality Studies in the Department of Gender, was so enraged by an e-mail invitation sent to the entire campus by the student Republican group that she fired off an e-mail in reply that said, succinctly,

“FUCK YOU, REPUBLICANS!”

The young Republicans circulated the e-mail, and now many people  and groups are calling for her dismissal. The incident has raised more ethical questions than mere civility. Continue reading →