Gender and Sex

Two Wins For Law And Ethics Over Ideology

/ Jack Marshall / 10 Comments

DC RULES_blind justice

Judges are proving less partisan and ideologically driven than the increasingly totalitarian Left had hoped.

1. In Vitolo v. Guzman, the 6th U.S. Circuit Court of Appeals at Cincinnati ruled last week that the federal government violates the equal protection clause when it considers race or sex in in allocating Wuhan virus relief funds. Following the same track as the earlier case discussed here, the Court agreed that the U.S. Small Business Administration violated the Constitution by giving preference to minority- and women-owned restaurants.

Antonio Vitolo and his wife own a restaurant called Jake’s Bar and Grill. Vitolo is white, his wife is Hispanic, and they each own 50% of the restaurant. Of course, Jake could have gamed the easily manipuated SBA system by just handing his wife the extra 1%. The government requires small businesses to be at least 51% owned by women, veterans or “socially and economically disadvantaged” people to jump to the head of the line, because someone is presumed to be socially disadvantaged if they are a member of a designated racial or ethnic group. A person is considered economically disadvantaged if they are socially disadvantaged, and they face diminished capital and credit opportunities. In such a system, whether the business owner being given preference has actually been disadvantaged doesn’t matter. He or she is presumed to be disadvantaged. This nicely follows the circular logic of Critical Race Theory.

The group preferences are taken into consideration during the first 21 days in which the Small Business Administration awards the pandemic grants to restaurants. After priority applications submitted during that period are processed, the Small Business Administration processes grant requests in the order that they were received. That is, white men come last.

The 6th Circuit majority said Vitolo and his wife are entitled to an injunction forcing the government to grant their application, if approved, before all later-filed applications, and that their color and gender should be irrelevant. The government did not demonstrate a “compelling interest” justifying preferences based on race or sex.

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Comment Of The Day: “The Classical Music Critic Of The New York Times Thinks That Symphony Orchestras Should Choose Members According To Race, Gender, And ‘Other Factors’ That Have Nothing To Do With Music”

/ Jack Marshall / 16 Comments

The Comment of the Day that follows by David Rohde is welcome for many reasons. First, he is a professional musician, and a skilled one. Second, he defends the author of piece I criticized vociferously (and will continue to). Third, I think this is an important issue. Fourth,, a new voice here is always welcome, and we haven’t been getting as many as I would like of late. Finally,, as required for COTD, it is well written and worthy of considerations and debate.

Not that I agree with it, but that has never been a criteria for Comment of the Day honors. Here’s David Rohde’s Comment of the Day. on the post, “The Classical Music Critic Of The New York Times Thinks That Symphony Orchestras Should Choose Members According To Race, Gender, And “Other Factors” That Have Nothing To Do With Music.”(I’ll be back with my reaction at the end.)

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It may be that using blind auditions has elevated the performance level of symphony orchestras. Or it may be serious overkill in an era of a supply-demand imbalance for classical musical talent. But either way, simply rolling this issue into what I know is this blog’s current obsession with – in other words, against – identity issues misses a lot that’s going on here.

First of all, you have to admit that hiring people without knowing who they are in ANY field is kind of strange. In particular, you certainly wouldn’t use blind auditions to cast people in a show, now would you? I know I know, different genres, different requirements. Roles in theater are individual, while 30 or 40 violinists in a symphony orchestra are doing much the same thing.

But I would argue that live classical music IS showbiz, and the sooner that people in that field realize it, the better. If the product is just “the music,” and many people assert that the overall technical performance level is higher than ever, then why is classical music struggling at all?

Second, I think you have to remember what the main impetus of blind auditions was in the first place. While I’m oversimplifying, the essential problem was (or shortly became) the inability of women to secure places in symphony orchestras. A quick check on YouTube of recent orchestra performances now versus 30 or 40 years ago will demonstrate the resulting change. Part of Tommasini’s argument is not to let solutions to problems become so institutionalized that they run past their sell-by date while different problems fester.

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The Classical Music Critic Of The New York Times Thinks That Symphony Orchestras Should Choose Members According To Race, Gender, And “Other Factors” That Have Nothing To Do With Music

/ Jack Marshall / 23 Comments

Just what we need: another area of society where progressives are clamoring for illegal discrimination.

Anthony Tommasini, the New York Times senior classical music critic, argues in an essay whose thesis would have been laughed out of the paper just a few years ago—you know, before the dawn of the Great Stupid—that…

“…ensembles must be able to take proactive steps to address the appalling racial imbalance that remains in their ranks. Blind auditions are no longer tenable….now more than ever, the spectacle of a lone Black musician on a huge, packed stage at Lincoln Center is unbearably depressing. Slow and steady change is no longer fast enough.”

Orchestras now have blind auditions, with those seeking employment playing behind a screen. In the epitome of results-based reasoning, Tommasini believes that auditions must allow unscreened auditions so “diversity” can be achieved, and ensembles “reflect the communities they serve.” In other words, quotas. In other words, hiring lesser musicians because they are the “right” color or gender. This, in an institution that has only one goal and aspiration: to play beautiful music as well as possible. The clear meaning of Tommasini’s conclusion is that it is more important that an ensemble be made up of the right kind of people than it be able to serve the function for which it was created. It is better to have a worse orchestra that ticks off the right EEOC boxes than to have one that sounds good.

Oddly, nobody has ever made this argument regarding, say, NBA basketball teams. Hop-hop music groups. Heart surgery teams. In fact, if I had to pick the perfect example of a field in which requiring racial and gender diversity is self-evidently bats, a symphony orchestra might be it.

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Memorial Day Ethics Warm-Up, 5/31/2021…

/ Jack Marshall / 38 Comments

It will be interesting to see if the news media discusses the Tulsa Race Massacre of 1921 any more this May 31 than it has in the past. Discussing this horrible mass murder of blacks in Oklahoma over Memorial Day weekend has always been seen as sufficiently tasteless that the story has suffered the equivalent of a historical airbrushing. When did you first learn about it? I didn’t encounter the episode in elementary school, high school, college or law school. I was 50, and furiously researching the life of Clarence Darrow so I could churn out a one man show (that was already in rehearsal) after Leslie Nielsen pulled the rights we had paid for on the Darrow show performed on Broadway by Henry Fonda. I was looking for the context of Darrow’s epic closing argument in the Sweet case (1925), in which he referenced examples of white mob violence against blacks. That was my introduction to the tragedy. How was this possible? I was and am a voracious consumer of American history, movies, and television. Yet the facts of the Tulsa Race Massacre never entered my consciousness.

Here’s one useful resource…there are many others available online. A brief summary: After World War I, Tulsa’s African American community was notable for its affluence. The Greenwood District was known as “Black Wall Street.” But on May 30, 1921, an incident between a white woman and a black man on an elevator—nobody knows exactly what happened—was reported in the Tulsa newspapers as an attempted rape. The young African-American, Dick Rowland, had been arrested, and members of the community believed that he might be lynched. When an angry white mob gathered in front of the courthouse, a group of over 70 back men, some of them World War I veterans with weapons, confronted them. A gun went off in a struggled, and chaos descended on Greenwood. A white mob of thousands overran the Greenwood District, shooting unarmed black citizens in the streets. It burned an area of some 35 city blocks, and more than 1,200 houses, numerous businesses, a school, a hospital and a dozen churches. It is estimated that 300 people were killed in the rampage, though official counts at the time were much lower. 300 is the same death toll as the 1871 Chicago fire. I knew about that tragedy by the time I was 8.

1. IIPTDXTTNMIAFB! That’s short for “Imagine if President Trump did X that the news media is accepting from Biden…”, introduced here. The current example: during a speech at Joint Base Langley-Eustis in Langley,Virginia two days ago, President Biden began spontaneously complimenting a pre-teen girl who had joined her parents and two older brothers on the stage after her mother had introduced Biden to the crowd. Biden said, inappropriately and creepily, “ I love those barrettes in your hair, man. I tell you what, look at her. She looks like she’s 19 years old sitting there like a little lady with her legs crossed.” Republicans pounced, as the MSM cliche goes whenever Democrats are legitimately criticized. The episode was barely mentioned by the media dedicated to propping up Biden—that is, almost all of it—at all. IIPTDXTTNMIAFB…and President Trump didn’t even have a photographically preserved series of encounters like this:

Creepy-Joe-Biden-President

2. AHHHH! It’s a virus ! Get a gun!!! The headline on the front page of the NYT website yesterday read, “Pandemic Fuels Surge in U.S. Gun Sales ‘Unlike Anything We’ve Ever Seen.'” Incredible. People bought guns for the first time because rioting was going on all over the country, and in many places the police were doing little or nothing to stop it. Buildings were burning and being looted; citizens were being threatened. Who gets a gun to fight a pandemic? (There was never any threat of the kind of civic breakdown from the virus like that portrayed in the movie “Contagion.” Toilet paper riots?)

The degree to which the Times—the “paper of record’!—continues to distort reality to mislead the public and warp public opinion is astounding. Later in the same article, the Times said, “While gun sales have been climbing for decades — they often spike in election years and after high-profile crimes — Americans have been on an unusual, prolonged buying spree fueled by the coronavirus pandemic, the protests last summer and the fears they both stoked.”

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A Deeper Dive Into The Western Washington University “No Exit” Protest

/ Jack Marshall / 1 Comment

empty seast

Guest Post by Rick Jones

[Before I turn the floor over to Rick, also known here as “Curmie,” a couple of comments are in order. I had hoped that the post yesterday about the Western Washington University student protest over the decision to produce “No Exit,” the 1944 existential drama by Jean-Paul Sartre, would generate commentary from Rick, for several reasons. First, he is one of my favorite bloggers on his own, the proprietor of Curmudgeon Central, which has a new post up right now regarding the George Floyd incident one year mark. More relevant to our topic right here and now, Rick is a distinguished college professor, drama teacher and stage director, who has special insight into university students and live theater. As he reveals in the article to come, he also is better qualified to discuss “No Exit” than I; indeed, he has now convinced me to give the work another chance, since it has been decades since I read or saw it.

I also was thrilled to receive this submission from Rick because I feel very strongly that live theater is imperiled in the U.S. I know most readers here do not share my dedication to theater; few Americans do, and fewer all the time. But I have lived a double life (as a character in Tom Stoppard’s “The Real Inspector Hound” adds “At least!”), spending  as much of my passions and energies on theater as any other pursuit from high school until to five years ago, when I ended the 20-year run of my small, maverick, professional theater company. My timing was excellent, because the panic-driven lockdown has killed many of The American Century Theater’s competitors here in the D.C. area, maybe most of them, and a year of using Zoom and streaming services has undoubtedly convinced many one time audience members that live theater isn’t worth the time, inconvenience or expense. In the same period, toxic political correctness, political obsession and woke fanaticism has grown exponentially, and these were existential threats to theater already.

The “No Exit” controversy is a symptom of a very serious threat to live performance art, which has been a force for uniting societies and enlightening the public for centuries. We need it more than ever now. A lot is at stake. JM]

***

My department has produced “No Exit”(which, by the way, I like a lot more than you do, Jack) twice in the last decade.  The first of these was directed by a talented and intelligent female student (an ardent feminist, by the way) who went on to earn a Master’s from a prestigious university overseas.  And we also did an online-only production last fall, directed by a colleague who’s one of the smartest people I’ve ever known, with a PhD in Theatre from arguably the best doctoral program in the country.  Oh, did I mention that she’s a lesbian? 

And, of course, the sense of isolation in the play was a major reason the play was chosen: because we all have a greater understanding of that phenomenon now than even the most creative thinkers could have managed a year earlier.  Moreover, please forgive me if I think that perhaps my colleague, who has published and taught courses on Queer Theatre, might have a more sophisticated understanding of the concepts at play in that particular theoretical framework than would a gaggle of pretentiously woke undergrads.

I am apparently lucky not to be at WWU.  When I announced my show for this spring as Jean Genet’s “The Maids”and described the two central characters as “would-be murderers who engage in sado-masochistic lesbian incest,” it generated interest on the part of most of our best actresses; if there was any dissent—from either very liberal students or a very conservative larger community—I never heard about it.  (Side note: although it wasn’t produced until later, “The Maids” was chosen and announced prior to”No Exit” which was a late substitution for a play we were unable to do.  I wouldn’t have chosen to do two existential French dramas from the 1940s in the same season, but that’s what we ended up with.)

But revenons à nos moutons.  When I started this response, I intended to go point by point through the students’ commentary, but that got really long, as virtually everything they say is nonsense.  So: a few general points:

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Ethics Half-Hero: Western Washington University

/ Jack Marshall / 3 Comments

noexit07a

When it comes to colleges and universities standing up to political correctness and woke demands for intellectual non-diversity, half-heroes are still better than the norm. The norm is abject cowardice and the ethical integrity of a sea sponge.

At Western Washington University, theater students attempted to cancel the Theater Department’s fall production of “No Exit,” the 1944 existential drama by Jean-Paul Sartre. (Full disclosure: I would rather be cursed to organize a thousand sock drawers than watch or read that play again.)

A letter of protest from students echoed many of the rationalizations for censorship and political cleansing of the arts that have metastasized into serious threats to intellectual freedom and creative liberty across the nation. Not to keep you in unnecessary suspense, the school did not cave to the student demands, nor grovel an apology for daring to arouse their ire, as most colleges (and high schools) would do today. “No Exit” will still be produced in the Fall. The school still only gets a half-hero rating for its verdict of no exit from “No Exit,” however, because it has agreed to provide “trigger warnings” for audience members.

As to the latter: Yecchh. By capitulating to this degree, the school has allowed the camel’s nose of faux ideological trauma into the metaphorical tent of the arts. Art, especially performance art, is intended to provoke strong reactions by introducing new and unexpected experiences and ideas into the unique dynamic of an audience. Someone who is so emotionally (read “politically programmed to be..) fragile that they have to be warned so they can avoid uncomfortable, jarring or, more frightening yet to crypto-totalitarians, non-conforming ideas should avoid the theater, like a tone deaf man who only appreciates commercial jingles should avoid the opera. By pandering to this part of the student demands, the school has abandoned a crucial principle without which theater cannot survive.

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Morning Ethics Warm-Up, 5/28/2021: Memorial Day Weekend Edition

/ Jack Marshall / 4 Comments

Jack Marshall Sr Army portrait

I’ll be visiting the Major (and Mom) at Arlington National Cemetery this weekend.

1. Well, let’s start the morning and end the week with evidence of progress…Mickey Callaway, the former manager of the New York Mets and recently fired pitching coach of the California Angels, has seen his baseball career implode because of what appears to be a habit of harrassing women in his workplace, which is Major League Baseball. Callaway, who has been banned from the game at least through 2022 after an investigation of the complaints made by more than five women, released a statement that is as close to a Level One apology on the Ethics Alarms Apology Scale as one is likely to see. That’s this one:

“An apology motivated by the realization that one’s past conduct was unjust, unfair, and wrong, constituting an unequivocal admission of wrongdoing as well as regret, remorse and contrition, as part of a sincere effort to make amends and seek forgiveness.“

Here’s Callaway’s version:

“My family and I fully support MLB’s strong stance against harassment and discrimination and are grateful to the Commissioner and his office for their thorough investigation. I apologize to the women who shared with investigators any interaction that made them feel uncomfortable. To be clear, I never intended to make anyone feel this way and didn’t understand that these interactions might do that or violate MLB policies. However, those are my own blind spots, and I take responsibility for the consequences.In my 25 years in professional baseball I have never taken for granted the privilege of being even a small part of this great game of ours. To say I regret my past poor choices would be an understatement. I remain hopeful that I can return to baseball when eligible at the conclusion of next season, but for now, I plan to work on my own shortcomings and repairing any damage I have caused with my colleagues and, particularly, my family.”

Joe Biden could have made that exact apology, without the baseball reference, of course. He never had to.

2. Incompetent question, perfect answer:

Monica tweet

Those are eye-roll emojis. Monica also gets points for brevity. She just missed tying author Victor Hugo for the record for shortest published message, in his case, a telegram to his publisher regarding the fate of his submitted manuscript for “Les Miserables.” Hugo wrote “?“. The publisher replied, “!“.

I won’t even take away ethics points from Monica for pandering to the Worst of the Woke by listing her preferred pronouns.

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PM Ethics Medley, 5/26/2021: It’s A Strange, Strange World

/ Jack Marshall / 5 Comments

Pastiche

1. Priorities! Major League Baseball has placed Angels pitching coach Mickey Callaway on its ineligible list through at least the 2022 season, MLB commissioner Rob Manfred announced. The league made the decision after investigating Callaway for sexual sexual harassment allegations reaching back several years, with several female sporstwriters among the alelged victims. The Angels fired Callaway this afternoon. Opines a major baseball news site: “Callaway is facing a year-plus ban, and it seems hard to believe any MLB team will hire him when he’s eligible to return.”

Hmmmm…

Alex Cora was suspended and fired as manager by the Boston Red Sox after a one-year suspension, then immediately hired back by the team. All he did was play a major role in devising a cheating scheme for one team, the Houston Astros, that extended through the play-offs and World Series, then oversaw a second team, Boston, that was found to have engaged in cheating, though less extensively, the next season. Cora’s cheating scheme with Astros was unprecedented, and cost two other professionals their jobs and the Astros millions in fines,while seriously scarring the integrity of the game. The conduct Callaway engaged in has been routine among professional athletes for decades, though in his case it was apparently 1) a bit more extreme than the norm and 2) “unwelcome.” After all, he was just a coach. So far, nobody has accused a player making more than $10 million a year of making sexual advances that were “unwelcome.’

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Greer’s Ranch Cafe Et Al. v. The United States Small Business Administration: No Government Discrimination Based On Race Or Gender Means No Government Discrimination Based On Race Or Gender

/ Jack Marshall / 12 Comments

OK to be white

When the government says that it isn’t OK to be white (or male), that’s not just unfair, it’s unconstitutional. Why is this so hard to grasp? Why is it controversial?

Texas federal district court Judge Reed O’Connor ruled last week that the Biden Administration was engaged in racial and gender discrimination in the administration of pandemic relief funds under the American Rescue Plan Act. NO! The BIDEN ADMINISTRATION handing out special benefits to women and blacks to the disadvantage of whites based on no other distinctions but race and gender? Impossible! Completely out of character!

Thanks, I had a huge sarcasm lump in my gorge that showed up on my last X-ray as a horseshoe crab. Whew! Finally got that thing out!

Judge O’Connor found that the Biden administration deliberately engaged in systemic gender and race discrimination in implementing Wuhan virus relief for American restaurants. Café owner Philip Greer sued the Small Business Administration arguing that he needs the same financial assistance as minority restauranteurs under the newly enacted American Rescue Plan Act, since his Greer’s Ranch Café lost over $100,000 during the pandemic. But Greer learned that he could not receive benefits from the Restaurant Restoration Fund approved by Congress because he is the “wrong” gender and the “wrong” color.

The White House and the Democratic-controlled Congress want women, minorities and “socially and economically disadvantaged” people” to be first in line. $2.7 billion already has been distributed through the fund and there are almost 150,000 pending applications from owners who will get preferential treatment over Greer. The SBA confirms it already has requests for $65 billion in payments under the fund. Greer worries that he might not get any assistance at all….because he is white. And—yecchh!—male.

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Morning Ethics Warm-Up, 5/25/2021: The George Floyd Ethics Train Wreck Is One Year Old Today

/ Jack Marshall / 21 Comments

happy-birthday-cake-for-1-years-old-girl_225938

It really is amazing: I have already read three references today to George Floyd’s death as a cultural watershed in the U.S. society’s recognition of racial injustice, yet there remains not a single piece of evidence or a logical argument that Floyd’s death had any relationship to his race whatsoever. This was a manufactured narrative that the news media deliberately advanced in flagrant defiance of the facts. I have challenged more indignant progressives than I can count to justify treating Floyd’s death as anything but negligence and brutality by a local cop who should never have been allowed to keep his badge. All they can come up with is that the officer was white, and Floyd was black—in other words, presumed racism based on skin color, which is itself racism, or that the episode had a positive impact, justifying treating it as something it was not. That, of course, is an “ends justifies the means” rationalization.

The ugly episode is a lesson, not in “racial reconciliation,” but in how events can be manipulated for political gain—in this case, involving violent protests and virtual societal extortion— if there is no trustworthy news source to keep the public informed.

Today is also the anniversary of another ethics low in U.S. history. It was on this date in 1861 that President Lincoln suspended the right of habeas corpus so he could keep a Maryland state legislator locked up on the charge of hindering Union troops.

SCOTUS Chief Justice Taney issued a ruling stating that President Lincoln did not have the authority to suspend habeas corpus, but Lincoln, channeling his inner Andrew Jackson, just defied the Court. Five years later, another Supreme Court case held that only Congress could suspend habeas corpus.

1. The Confederate Statuary Ethics Train Wreck misses its biggest target. Good. The giant images of Jefferson Davis, Robert E. Lee and Stonewall Jackson carved into Stone Mountain as Confederate nostalgia’s answer to Mount Rushmore have survived the latest effort to tear them down. The Confederate flags at the base of Georgia’s Stone Mountain, placed there by the United Daughters of the Confederacy, will be removed, and new exhibits will offer a more thorough history of the park, including the role the Ku Klux Klan and resistance to desegregation played in its creation. Also good. The thing is a pro-Confederacy monument to be sure, a defiant one, but it also is a piece of history that should be seen, debated and thought about.

Many dedicated historical censors are upset that the mountain art will not be blown up any time soon. arguing that racist anger, not a desire to honor the South’s heroes, inspired the monument’s creation. OK, and so what? It is a vivid historical relic. Fall River’s Joe Aronoski, 82, told the New York Times after touring Stone Mountain, “It’s American history. It shouldn’t be destroyed. What are you going to do? Make-believe the Civil War didn’t happen?”

Well yes, that’s the general idea behind statue-toppling: make believe any events that make some people “uncomfortable” didn’t happen.

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