Gender and Sex

Sunday Ethics Reflections, 6/28/2020: For The Defense….

/ Jack Marshall / 24 Comments

Greetings from the Ethics Alarms bunker…

1. I’m current reflecting on a personal and professional ethics conflict. A colleague and long-time professional competitor—I would never call him a friend—has been ousted from his leadership position in the very successful organization he founded as a result of unproven allegations of sexual harassment and assault. It was a “believe all victims” situation, as well as what feels like a successful coordinated effort to “get” someone who had accumulated a lot of enemies, resentment and envy in a notoriously nasty industry once his power was waning.

On one hand, I feel like I should reach out to him and offer my guidance and support (as an ethicist and sexual harassment trainer, not a lawyer, and gratis, of course). On the other, I am pretty certain that he is guilty of at least some of what has been alleged, based on confidential accounts I have recently heard from reliable sources. Ethically, however, his ousting (it appears that he was given the option of “retiring”) lacked due process and fairness, and the organization was guided by public relations motives rather than legal or ethical ones.

Whose side should I be on?

2. Stop making me defend Facebook! As if there wasn’t enough to worry about, the aggressive pandering mode of corporations right now is being exploited by would-be censors of political speech. Facebook CEO Mark Zuckerberg announced updated election policies and stricter “hate speech” rules in response to employee protests and pressure from activists, whose transparent objective is to silence or constrict any political views antithetical progressive positions and goals. In a message last week, Zuckerberg  outlined plans to police disinformation relating to voting and elections, to flag certain content that risked triggering violence (I wonder what  that standard is like today?) and concluded,

Continue reading →

Ethics Dunce: The Archdiocese of Detroit

/ Jack Marshall / 7 Comments

Terry Gonda has been a loyal member and supporter of the Catholic church for decades, serving as musical director of her parish for over twenty years. She is gay, but never hid the fact from her family, friends, church or pastors. She was also married, to another woman, naturally. This wasn’t a secret.

However, somehow the word got to the Detroit Archdiocese, where it was deemed that her same-sex marriage made her morally unfit to keep her job. On June 12  she received an email reading,  “The Archdiocese is choosing to activate its morality clause to terminate your employment.”

The blow came  just three days before the Supreme Court ruled that employers couldn’t fire workers based on their sexual orientation or gender identity.

Whether the ruling will apply to religious organizations is the subject of other cases before the Court, which heard oral arguments last month in Our Lady of Guadalupe School vs Morrissey-Berru, a case about whether teachers at private, religious schools are subject to the exception in the Civil Rights Act.

Gonda says that her Catholic mentors and employers always modeled Pope Francis’s compassionate and tolerant attitude toward homosexuality. She was never shunned for being gay, nor after her 2011 marriage to  Kirsti Reeve, 51. (That’s Kristi on the left, Terry on the right.) Terry told an interviewer that she is certain the Church believes “they’re doing the right thing — they’re trying to protect the church.” Continue reading →

Morning Ethics Warm-Up, 6/19/2020: “Juneteenth” Edition

/ Jack Marshall / 17 Comments

Good morning!

1. About “Juneteenth”: I confess: I had never heard of Juneteenth before this year, or at least never took note of it or what the day signifies. I am certain that I never heard the term while I was living in Massachusetts. It would have helped, in my case, if the unofficial holiday (except in Texas, where the event commemorated actually occurred, the freeing of the last slaves in America, and it is a state holiday) had a label that didn’t remind me of so many Madison Avenue gimmick labels and fad word mash-ups like “frenemy” or “momtrepreneur.” “Juneteenth” sounds to me like a summer music festival.

The end of slavery is certainly a legitimate subject for a new paid Federal holiday (as well as many others). Getting the holiday established as part of the George Floyd Freakout white guilting strategy cheapens it, I think, placing the holiday in the same pandering package with HBO Max pulling “Gone  With The Wind” or the University of Florida  banning the “Gator Bait” cheer. As with so much else going on, I am concerned that this will exacerbate rather than ameliorate racial tensions, with an official nation-wide “Juneteeth” having the effect of making July 4th a “white” holiday.

2. Deceitful withdrawal of the decade? Senator Amy Klobuchar, whose prospects for being named Joe Biden’s running mate vanished as soon as it was publicized that she was responsible for Minneapolis cop Derek Chauvin not being prosecuted for earlier claims of police misconduct, grandly announced that she had called Biden and withdrawn her name from consideration, an amusing variation on “You can’t fire me, I quit!  “America must seize on the moment and I truly believe — as I actually told the VP last night when I called him — that I think this is a moment to put a woman of color on that ticket,” Klobuchar told MSNBC’s Lawrence O’Donnell last night. “And there are so many incredible, qualified women. But if you wanna heal this nation right now, my party yes, but our nation, this is a helluva way to do it.”

No, choosing a Vice-President purely on the basis of gender and color is not a “helluva way” to run a country, but that’s progressivism and the Democratic Party in 2020: group identity matters, actual skill and qualifications don’t. (And if there are so many “incredible, qualified women, why isn’t Biden considering any of them?) Ann Althouse writes, amusingly,

So what I hear in her effort at a high-minded statement is an undercutting of the other women who are in the running. First, Elizabeth Warren — who is not a woman of color except in her memory of younger days when family lore and a desire to identify were enough. Why step on her chances, Amy? Second, all the various black women who are in the running. Amy is ensuring that when one of them is picked, everyone will believe they were picked because of their race.

Because whoever it is will have been picked because of her race and gender! Klobuchar isn’t signaling anything that everyone paying attention hadn’t figured out months ago. As for Warren, I have never believed that the Democrats would be so foolish as to have two over-70 politicians on the ticket. Continue reading →

In A 6-3 Vote, SCOTUS Holds That Workplace Discrimination Against Gay and Transgender Employees Violates Existing Federal Law

/ Jack Marshall / 37 Comments

Back in October I wrote about these cases, including the case involving whether businesses requiring employees to dress in traditional gender-specific garb discriminated against transgender workers without violating federal civil rights law.  Solicitor General Noel Francisco and other Justice Department attorneys argued just that , claiming that Congress didn’t intend to include transgender status when it passed Title VII of the 1964 Civil Rights Act (I think that’s obvious), so the law’s ban on discrimination because of “sex” referred only to unequal treatment of men and women in the workplace.  In  R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, the Justice Department opposed the position of the Equal Employment Opportunity Commission that the firing of  former funeral home director Aimee Stephens after she announced she would transition from male to female violated the Act, arguing that redefining sex discrimination was a job for Congress, not the courts. I wrote at the time,

It seems clear that giving LGBTQ Americans the same protection against discrimination as other minorities is the ethical course. This seems to be a technical dispute over whether the Courts or Congress should  fix the problem. That argument is worth having, and I would not be shocked in a SCOTUS majority said that the omission in the law was unjust, but it was not the Court’s job to fix it. In the long run, it will be illegal to discriminate against LGBTQ citizens in the workplace, as it should be. The only question is how drawn out, angry and divisive the process will be to get there.

Well, we have our answer. Continue reading →

Ethics Hero Emeritus: Virginia Hall (1906-1982), “The Limping Lady”

/ Jack Marshall / 10 Comments

World War II continues to be the richest source of forgotten or obscure ethics heroes, and no figure fits that description better than American super-spy Virginia Hall.

Only in the last few years, as newly intense focus has been placed on  women’s contributions to society and history, has Hall’s story come out of the shadows: three books about Hall have been published, and  two movies are awaiting release, one to be streamed on Netflix. In Hall’s case, her anonymity was substantially her own doing. She had no interest in fame or accolades, and decisively rejected them. Hill left no memoirs, granted no interviews, and spoke rarely about her exploits, even to her family.

She was born into a wealthy and privileged Baltimore clan that assumed its daughter would follow the well-trod path of a debutante and eventually the wife of an appropriate young man from her own class. But Virginia was different, “capricious and cantankerous” in her own words.  She liked guns and adventure. She once went to school wearing a bracelet made of live snakes, just to shake up her teachers and class mates.

Hall attended Radcliffe and Barnard, then went abroad to study in Paris. She wanted to be a diplomat or even an ambassador, but received no support from the State Department. There were only six women among the 1,500 U.S. diplomats at the time, so she settled for a clerical job at a U.S. consulate in Turkey. While hunting birds in her spare time, she accidentally shot herself in the foot, and gangrene set in. Her left leg was amputated below the knee. Hall named the wooden leg that became her constant companion thereafter “Cuthbert.”

In 1937, she again applied to the Department of State to enter the diplomatic corps , this time being turned down because of a rule against hiring people with disabilities as diplomats, an especially odd restriction for a nation led by a disabled President. She quit her job as a consular clerk two years later, and at 34, joined the war effort before America did, becoming an ambulance driver in France in 1940. When France was invaded by the German army, Hall fled to Great Britain.  By purest chance she came in contact with a representative of British intelligence. Hill offered her services to the British Special Operations Executive (SOE), which trained her in weapons, communications, security, and resistance activities.

So it was that an American woman with a wooden leg  became one of the first British spies sent into Nazi-occupied France in 1941, posing as a reporter for the New York Post.

Primarily working out of Lyon, Hall organized agent networks and recruited French men and women to run safe houses, all while evading the Gestapo, which called her “The Limping Lady.” She became a master of disguise, often changing her appearance several times in a day and managing to become invisible despite the impediment of “Cuthbert.” She even had her nice, straight, American teeth ground down so she could pass as an elderly peasant woman, which was a favorite false identity. Continue reading →

Ethics Hero: “Harry Potter” Author J.K. Rowling

/ Jack Marshall / 20 Comments

The issue is not Rowling’s controversial opinions regarding transgender individuals. For the record, they are not exactly congruent with my own, which is that once an individual has transitioned physically to another gender, we should respect that new identity. I do not believe, and will never believe, that individuals can change their gender by just saying so, or that the government should make laws that enforce that fiction. No matter what “The Crying Game” told us, people with male sex organs (I am not talking about anomalous intersex individuals whose physical sexuality is ambiguous) have to be officially male for public policy purposes.

None of which is relevant to why J.K Rowling is an Ethics Hero. Rowling, who is more active on social media than is wise, used Twitter to question  an article’s use of the phrase “people who menstruate” instead of saying “women.” “If sex isn’t real, there’s no same-sex attraction. If sex isn’t real, the lived reality of women globally is erased,” she wrote. Predictably, trans activists and much of the “woke” establishment now want Rowling “cancelled.” The LGBTQ advocacy group GLAAD called her tweets “anti-trans”—this is the gender wars equivalent of calling anyone who criticizes Black Lives Matter “racist”— and wrote: “JK Rowling continues to align herself with an ideology which willfully distorts facts about gender identity and people who are trans. In 2020, there is no excuse for targeting trans people.”

Rowling did not “target” anyone. She disagreed with the use of a clumsy and misleading term for “women.” Continue reading →

Naming Ethics: The Gaylord Affair

/ Jack Marshall / 25 Comments

My short summary of this ethics controversy is: This mother is nuts.

A woman, 24, is due to have her first child in August, and, she says,  the first born son of everyone from her side of the family has been named Gaylord since the early 19th Century. She is determined to carry on the  tradition, though her husband is horrified, maintaining that to name any boy “Gaylord” is child abuse.

That’s probably overstating it, but just a bit. Gaylord is not a common name (it’s from the Old French gaillard meaning “joyful” or “high-spirited”), but Wikipedia lists 25 famous or accomplished Gaylords, only one of which I had ever heard of, the baseball player on the list (of course). That’s Hall of Fame pitcher Gaylord Perry, who won over 300 games during a 21 year career in which he was famous for throwing spitballs, an illegal pitch.  Perry is one of the three Gaylords on the list who is still alive, including a French long-distance runner named Gaylord Silly.

Now that’s child abuse..

But I digress. The mother says she offered her husband a compromise, agreeing that young Gaylord would go by “Gail” in school “so that he doesn’t have to deal with bullies.”

What? Continue reading →

Morning Ethics Warm-Up, 6/6/2020: No, We’re Not On The Eve Of Destruction. Stop Saying That!

/ Jack Marshall / 39 Comments

But thanks for an excuse to play the #2 most stupid psuedo-profound pop song of all time, #1 being, of course, “Imagine.” Take it away, Barry!

1. Mouse in the house. In the 30 years our home was patrolled by Jack Russell terriers, we virtually never saw a mouse (though Rugby literally wouldn’t hurt a fly). Lately, however, we have seen several, including a really, really cute one who is amazingly bold. This tiny mouse has big black eyes and little pink ears, with reddish brown fur. He also seems to like my wife, whom he crept up on the sofa to sit by repeatedly last night while she was napping. Ethically, we are at an impasse. I keep thinking about “Ben and Me,” the Disney cartoon about Ben Franklin’s apocryphal mouse pal, and my wife can’t bear the thought of killing her new fan. But we can’t have mice running around the house.

2. From the Ethics Alarms mail bag: Guess the rationalization! Steve Witherspoon aks what rationalization General Mattis’s fatuous statement, “We must not be distracted by a small number of lawbreakers,”  from his attack on the President evokes. Several, in fact. It’s a clear #22. The Comparative Virtue Excuse: “There are worse things,”  as well as the suddenly popular #64. Yoo’s Rationalization or “It isn’t what it is.” Riots in dozens of cities, arson, looting and attacks on over 100 police cannot be called “a small number of lawbreakers.” It’s also a neat #59. The Golden Rule Mutation, or “I’m all right with it!” As long as those “small number of lawbreakers” aren’t threatening Mattis or his family, he’s willing to accept what happens…to other people being victimized by rioters. Continue reading →

Comments Of The Day: Ethics Dispatches From The Sick Ward, 5/26/2020: Arg! Yechh! [#1]

/ Jack Marshall / 7 Comments

It took a while, but my complaint about the advertising world’s bizarre decision to make pirates the sole politically correct genre for innocent childsplay finally generated the intriguing commentary I hoped it would.

Here are two Comments of the Day on the topic, breached in Item #1 of the post, “Ethics Dispatches From The Sick Ward, 5/26/2020: Arg! Yechh!”

First up, Isaac:

Permit me a midnight rant about pirates.

Kids did not play pirates at any time before this Gen-Xer was born. Kids played sailors or soldiers, and the PIRATES WERE THE BAD GUYS. That is because pirates were (and are) indeed very bad guys.

Treasure Island is a realistic story about stuffy British Christian men (and a boy) defeating a gang of vile, godless pirates. Once the story gets going there are exactly zero female characters. I can see why the destroyers of culture who lord it over modern schools would find this “problematic.” But it just might be my all-time favorite book. Pirates are interesting, fascinating, and make for good stories. BUT THEY AREN’T SUPPOSED TO BE THE HEROES.

Even the least-murderous of real-life pirates still tricked innocent merchant vessels and robbed them by force. They still were known for spending their free time raping, drinking themselves to death, and spreading venereal disease. Within just the last few years, pirates off the coast of Somalia have been murdering entire ships’ crews, so it’s not as if there’s no modern frame of reference for understanding why they generally shouldn’t be cast as heroes, as you mentioned.

There was a funny but sad incident not too long ago told by a mom who had been to Disneyland. She took her son into a boutique in the park that styles up girls into princesses. They offered to do their equivalent service for the young man by making him into a pirate. The small child, who had more common sense and moral awareness than the entire Disney corporation, pointed out that pirates are bad guys, and insisted that he wanted to be a prince instead. There were no prince costumes.

There are now SEVERAL kids’ cartoons in which kids “play pirate,” mostly thanks to the Disney movie. One of them is “Jake and the Neverland pirates” which doesn’t even make any sense in the context of Peter Pan. A character on this show said to his tiny audience, at one point, and I quote, verbatim, “A good pirate never takes anyone else’s property.” And they were serious.

The elephant is there in the room from that very first film. Jack Sparrow proves himself to be “a good man” and the moral (such as it is) is that even a pirate can be good. And so, at the end of the film, “good man” Jack gets his ship and crew back and sails off into the sunset too…do what, exactly? Sail the world looking for beached whales to rescue? Hunt for lost treasure to return it to its rightful owner? The next several movies twist themselves into knots to avoid having to give the obvious answer to this question: the only way to be a pirate is to, you know, commit piracy. It’s right there in the name.

I wonder if 50 years or so would be sufficient time for Disney to train kids to “play terrorist.” Just make a wacky movie about an eccentric jihadist who turns out to have a heart of gold.

Now here’s Pirate Comment of the Day #2, from Jeff: Continue reading →

From The #BelieveAllWomen Files: Professor Parisi’s Nightmare

/ Jack Marshall / 5 Comments

University of Minnesota law professor Francesco Parisi has won a defamation judgment of nearly $1.2 million against former girlfriend Morgan Wright over her false accusation of rape that appears to have been in retaliation for a romance gone sour.

His apparently unbalanced accuser was Morgan Wright, a woman who  told people that she a degree from the Juilliard School of Music and a Master of Art degree in educational psychology when she had neither, according to the judge’s decision. She also signed emails “Dr. Wright,” though she was not a doctor. The old rule “Never sleep with anyone crazier than you are” comes to mind.

In addition to  rape, Wright also accused Parisi of sexual crimes against others and of attempting  to run her down with his black Jeep on three occasions, the last after he had sold the car.

“The preponderance of the evidence clearly shows that Wright created a destructive fiction,” Judge Daniel Moreno wrote. “Wright publicized allegations without regard for their truth or effect: that Parisi raped her, that he had sex with underage girls after giving them alcohol, that his daughter accused him of raping her, and that he was HIV positive. She spread these defamatory statements to Parisi’s employer (the University of Minnesota), to the Minnesota Department of Health, and most importantly to the police.”

Oddly, if Parisi had been running for President against Donald Trump instead of being just a law professor, these accusations might not have hampered his career advancement  at all! Continue reading →