Rape, Consent, and the Unconscious Lover

unconscious

Maybe Republicans should just keep their mouths shut whenever rape is being discussed. You know, just to be on the safe side.

Utah is considering legislation designed to protect the incapacitated from having to prove they did not consent to sex. The bill, an amended version of current law, was introduced after a 2013 case in which a man was charged with raping an unconscious neighbor on her porch. Republican state Representative Brian Greene prominently stepped into the Todd (“Legitimate Rape”) Akin Zone when he questioned the measure as too broad, saying,

“If an individual has sex with their wife while she is unconscious … a prosecutor could then charge that spouse with rape, theoretically. That makes sense in a first date scenario, but to me, not where people have a history of years of sexual activity.”

This, as you might imagine, ignited quite a bit of criticism. Greene appeared to be saying that it was okay to have sex with your spouse if he or she were unconscious. (He later issued a classic non-apology apology. I rate it a #7 on the Ethics Alarms Apology Scale) Continue reading

The Sixth Annual Ethics Alarms Awards: The Best of Ethics 2014

abstract door grand jury room

The Ethics Alarms Awards for the Best in Ethics 2014—sorry for the tardiness— are about 30% of the length of the Worst. Does this mean that the nation and the culture, not to mention the world, are doomed?

Not necessarily. I am well aware that most of the country is ethical, substantially fair and honest, diligent, and embodies ethical values in their every day dealings with you and me, and the world. We primarily hear, and to some extent, take note of, the corrupt, the irresponsible, the manipulative, the untrustworthy and the foolish. The Best Ethics list is smaller in part because only exemplary ethics gets publicity. I also should note that calling attention to unethical conduct and discussing it often does more to advance the mission of Ethics Alarms than confirming that right is right, though I sure wish there was more exemplary ethics to celebrate. Maybe the dearth of award winners here is my fault, and the result of my biases.

Boy, I hope so.

Here are the 2014 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

The Ferguson grand jury resisted public and media pressure to deliver a verdict of no indictment against police officer Darren Wilson, upholding the integrity of the justice system despite the injection of emotion, politics and race into a tragic incident where none of these belonged. Though the available evidence could never have supported a guilty verdict, it would have been easy and popular for the grand jury to make Wilson stand trial anyway, just as George Zimmerman did. Their reward has been to be attacked as fools and racists, but they did the right thing, when the wrong thing must have seemed very attractive.

Outstanding Ethical Leadership

The New York Yankees. (Bear with me now.) The Yankees are the most famous team in professional sports in the biggest sports market in the world. They make money without even trying. Yet when the team had a bad year and missed the play-offs in 2013, it committed nearly a billion dollars to re-building the team, a move that only makes sense in the quest to win games, not to maximize profit. Thus they prominently chose loyalty, mission and sportsmanship over greed. (The Yankees still missed the play-offs in 2014, too.) Then all year long the team placed a spotlight on Derek Jeter, their retiring hero, whose career and character single-handedly refutes the cynicism of sports critics fed up with the lack of character displayed by the Armstrongs, the Rices, the ARods, the Belichicks, the Winstons, the Paternos, and so many, many others. Finally, when two New York City police officers were assassinated after Al Sharpton, and the “Hands Up!” protestors, with the city’s own mayor’s support, had vilified the profession as violent, racist and untrustworthy, who will pay for the fallen officers’ children to go to college? The New York Yankees’ Silver Shield Foundation.  Add charity, compassion, civic duty and gratitude to the list of ethics values the New Your baseball club modeled for us. I know it seems odd and even trivial to follow up last year’s winner in this category—the Pope— with a sports franchise, but to paraphrase Babe Ruth’s famous rejoinder when the Yankees balked at his salary demands in 1930, saying he wanted to be paid more than then-President Herbert Hoover (“I had a better year that Hoover!”), the Yankees has a better year than the Pope.

Outstanding Sportsmanship

Jose Altuve, Houston Astros secondbaseman and American League batting champ….the right way. He began the final day of the 2014 season hitting .340, three points ahead of the Tigers’ Victor Martinez. If Altuve didn’t play in Houston’s meaningless last game, Martinez would have to go 3-for-3 to pass him, giving the DH a narrow .3407 average compared with Altuve’s .3399. By playing, Altuve risked lowering his average, providing Martinez with a better chance of winning the batting championship. Many players in the past have sat out their final game or games to “back in” to the prize, rather than give the fans a chance to watch a head to head battle injecting some much-needed drama into the expiring season.  Altuve, however, gave Martinez his shot. He played the whole game, had two hits in his four at-bats, and won the American League batting title on the field, not on the bench, as Martinez went hitless. The conduct, simple as it was, embodied fairness, integrity, courage, respect for an opponent, and most of all, respect for the game.

Best Apology

JESSICA_URBINA

 The Level #1 apology, according to the Ethics Alarms Apology scale, issued by Sacred Heart Cathedral Prep in San Francisco.The school had cruelly and needless embarrassed graduating senior Jessica Urbina (above), rejecting her inclusion in the yearbook because she chose to be photographed in a tuxedo rather than a dress, as the school’s dress code, which had not been previously made clear, demanded. I wrote…

“The rule is sexist, archaic, unthinking, prejudicial, arbitrary, cruel and wrong. The best way to change a rule that is sexist, archaic, unthinking, prejudicial, arbitrary, cruel and wrong is to break it, and see if those in charge have the sense and compassion to do the right thing. The administrators of Sacred Heart Cathedral High School flunked. I doubt that Jessica was even trying to provoke a confrontation: like any normal student, she wanted her image in the most important piece of memorabilia of her high school years to accurately portray her as she was, not as some alien ideal dictated by the Catholic Church. There was nothing to be achieved by banning the photo.”

The school reversed itself with grace and compassion. The apology is long, but a more humble or complete one would be unachievable. It achieved an ethical end to an ugly episode. You can read it here. Runner up: Writer Henry Rollins lovely and wrenching apology for his initial reaction to Robin Williams’ suicide.

Hero of the Year

Michael DeBeyer.  De Beyer has decided to sell his restaurant, which he opened more than 15 years ago and is worth an estimated  $2 million, to pay for whatever medical treatments are necessary to save the life of Brittany Mathis, 19. Brittany works for De Beyer at his Kaiserhof Restaurant and Biergarten in Montgomery, Texas, and  learned, in December 2013, that she has a 1.5 inch brain tumor.  She couldn’t afford the operation to find out whether the tumor was benign or malignant, and didn’t have health insurance. “I couldn’t live with myself; I would never be happy just earning money from my restaurant knowing that she needs help,” Michael told local reporters.

That’s what makes ethics heroes; really, really loud ethics alarms, combined with courage and caring.

Parent of the Year

NBA Star Kevin Durant’s Mom.

Most Ethical Celebrity

Matthew McConaughey. In a field notably sparse on exemplary ethics by celebrities, the 2013 Oscar winner for Best Actor stands out for a speech that was inspirational, thoughtful, and rife with ethics wisdom. It is worth recalling. Here it is:

Thank you. Thank you, thank you, thank you, thank you to the Academy for this—all 6,000 members. Thank you to the other nominees. All these performances were impeccable in my opinion. I didn’t see a false note anywhere. I want to thank Jean-Marc Vallée, our director. Want to thank Jared Leto, Jennifer Garner, who I worked with daily.

There’s a few things, about three things to my account that I need each day. One of them is something to look up to, another is something to look forward to, and another is someone to chase. Now, first off, I want to thank God. ‘Cause that’s who I look up to. He has graced my life with opportunities that I know are not of my hand or any other human hand. He has shown me that it’s a scientific fact that gratitude reciprocates. In the words of the late Charlie Laughton, who said, “When you’ve got God, you got a friend. And that friend is you.”

To my family, that who and what I look forward to. To my father who, I know he’s up there right now with a big pot of gumbo. He’s got a lemon meringue pie over there. He’s probably in his underwear. And he’s got a cold can of Miller Lite and he’s dancing right now. To you, Dad, you taught me what it means to be a man. To my mother who’s here tonight, who taught me and my two older brothers… demanded that we respect ourselves. And what we in turn learned was that we were then better able to respect others. Thank you for that, Mama. To my wife, Camila, and my kids Levi, Vida and Mr. Stone, the courage and significance you give me every day I go out the door is unparalleled. You are the four people in my life that I want to make the most proud of me. Thank you.

And to my hero. That’s who I chase. Now when I was 15 years old, I had a very important person in my life come to me and say “who’s your hero?” And I said, “I don’t know, I gotta think about that. Give me a couple of weeks.” I come back two weeks later, this person comes up and says “who’s your hero?” I said, “I thought about it. You know who it is? It’s me in 10 years.” So I turned 25. Ten years later, that same person comes to me and says, “So, are you a hero?” And I was like, “not even close. No, no, no.” She said, “Why?” I said, “Because my hero’s me at 35.” So you see every day, every week, every month and every year of my life, my hero’s always 10 years away. I’m never gonna be my hero. I’m not gonna attain that. I know I’m not, and that’s just fine with me because that keeps me with somebody to keep on chasing.

So, to any of us, whatever those things are, whatever it is we look up to, whatever it is we look forward to, and whoever it is we’re chasing, to that I say, “Amen.” To that I say, “Alright, alright, alright.” To that I say “just keep living.” Thank you.

Most Principled Politician

Thomas Menino

The late Thomas Menino, Boston’s beloved Democratic mayor for two decades (the longest in tenure in the city’s history), who retired last January and  died of cancer nine months later. Somehow I missed giving him the ethics send-off he deserved. Amazingly, he was the first Italian-American mayor in Boston’s history: the job has always been won by the city’s Irish machine. While mayors around the nation were embroiled in scandals and embarrassments, Menino undeniably improved the city, led it admirably in the aftermath of the Boston Marathon bombing in 2013, and left office with the admiration of conservatives as well as liberals despite being an aggressive agent of progressive policies.  His passion caused him to make some ethical missteps, such as joining other liberal mayors in telling Chick-Fil-A that it “wasn’t welcome” in Boston because of its owner’s anti-gay marriage sentiments. He joined Michael Bloomberg in creating Mayors Against Illegal Guns, and must share responsibility for some of the dubious tactics and misrepresentations of that organization. He also had a scandal or two involving political favors, but in 20 years, by my count, he had fewer than most Boston mayors had every year. In 2012, polls found that he had an approval rating over 80%, and left his position more popular than he entered it.  Boston is liberal, but it isn’t that liberal.

Most Ethical Company

Don’t ever let me do that again.

I just reviewed over a hundred posts about businesses and corporations from last year, and not one of them celebrated ethical conduct. The closest was, believe it or not, the Washington Redskins, for having the guts, orneriness and principles to stand against the forces of censorship and political correctness to refuse to change the name of their team and organization. It has been targeted as a symbolic scalp that race-baiters, grievance-hucksters and progressive bullies are determined to have hanging from their belts; the opponents of the team have recruited the U.S. government, and the pressure is tremendous. It would be so easy to change the name now, when support for the perpetually rotten team is at low ebb in Washington, D.C., but the principle is worth the battle. However, my gag reflex will not allow me to give this award to an NFL team, since by definition it must be engaged in so much else that is wrong.

So for a second straight year I’m going to send you to Ethisphere’s list of the most ethical companies in the world. Their criteria isn’t mine, but there’s got to be a genuinely ethical company of two on there somewhere. Let me know if you find it. Continue reading

Unethical Ex Of The Month, Paige Dunham: Hell Hath No Fury Like A Ventriloquist’s Wife Spurned…

The ventriloquist and his spouses. Can you guess which is the ex?

The ventriloquist and his spouses, past and present. Can you guess which is the ex?

I suspect there’s a sad story behind this one that many a betrayed spouse can identify with. Did Paige Dunham stand shoulder to shoulder with her husband, Jeff Dunham in the lean years when he was struggling ventriloquist (and really, what could be worse, struggling accordion virtuoso?) only to have him toss her away like an old shoe once he hit the jackpot and became a rich and famous celebrity, as he sought and won a flashier spouse to match his flashier lifestyle? It sure looks like it.

Nevertheless, what Paige Dunham did to her ex-spouse’s Shiny New Model Audrey Dunham can’t be justified ethically. It is also apparently illegal. Continue reading

Sarah Palin, The Animal Gene, and Some New Year’s Inspiration

Trig on dog

Gandhi famously said that the greatness of a nation can be judged by the way its animals are treated. I’m not sure that’s true, but it certainly is true that respect for the lives and welfare of animals is a useful symptom to diagnose sound ethical values, and the tendency toward animal cruelty is signature significance for a human being that I would not turn my back to in the dark.

The issue is complicated by the divergence of humans into “animal people” and “non-animal people,” with the latter claiming, with some justification, that they are not cruel or callous toward animals, just willing to recognize that they are, well, animals. These are the people who cannot understand someone wanting to take a sick day to mourn the passing of a cat. On the other hand, they are also clear-eyed about those animal lovers who dress their parrots in elaborate costumes and who hold birthday parties for their dogs. Those who live in the country or on farms are an interesting case: they are not prone to sentimentalize of anthropomorphize animals like city folk. Dogs and cats sleep outdoors unless there’s a freeze on, and they have jobs to do. My wife’s sister sold the family horse to a dog food company, and the two didn’t speak for months.

Sarah Palin blundered into this divide this week when she posted pictures (above) of her son Trig standing on the family dog in an inspirational post about overcoming obstacles. Now she’s being attacked for promoting cruelty to animals. Some points on this:

1. Many are always looking for justification to vilify Palin. This time, she gave them legitimate ammunition.

2. The sequence looks staged to me: otherwise, why was anyone taking photos of this?

3. If so, then this just wasn’t an innocent but mistaken choice by a special needs child, but the directive of someone who should know better.

4. Of course one doesn’t ever sit or stand on a dog, or allow or encourage a child to do so, unless we’re talking about a very small child.

5. We don’t know that Palin didn’t admonish Trig after the fact, while saluting his ingenuity.

6. It was still an irresponsible choice for the point she was making.

7. Assuming the dog isn’t ill, drugged of dead, however, he doesn’t seem in distress. One thing about dogs: if you are hurting or ignoring them, they aren’t shy about letting you know.

8. Trig is developmentally disabled. Animals, particularly dogs, have incredible tolerance and intuitive kindness in such situations. That was the real lesson of the photos.

Now, to wipe those images out of your mind, here are a group of photos showing normal, non-celebrity, non-Palin, human beings here and elsewhere demonstrating the kind of kindness and compassion for animals that we all should aspire to. Continue reading

Ethics Quote Of The Day (Christmas Confusion File): Jonathan Turley

“Best wishes to everyone celebrating Christmas.”

—- Law Professor and blogger Jonathan Turley, wishing at least some of his readers a merry Christmas.

Get ready to duck, Fred!

Get ready to duck, Fred!

Prof. Turley is a lawyer, of course, and trained to express himself with precision. Thus I have to ask: what the heck is he trying to say here?

Is he wishing good tidings only those who, like his family, are celebrating Christmas, and rotten times to the rest? Is he editing the humanist message of Christmas to “Peace on Earth, and good will to those who are putting up Christmas trees and giving gifts, other wise you’re on your own”?

Or, as I fear greatly, given the fact that he is part of the U.S. education establishment and thus prone to have a spine of cream cheese, just observing the trendy political correctness that infects our times, and bowing to those who contrive to take offense when anyone smiles at them and offers a greeting that only says, at minimum, “We’re all in this together, so let’s try to be as good to each other as we can, OK?” Continue reading

Reminder: It’s A Wonderful Ethics Movie!

It's_a_Wonderful_Life

I’m watching “It’s A Wonderful Life,” Frank Capra’s ultimate ethics movie. Don’t forget to review its ethics dilemmas, conflicts and conundrums with the handy

Ethics Alarms Complete “It’s A Wonderful Life” Ethics Guide.

Ethics Hero: Ashley McLemore

Neal Shytles and Ashley McLemoreIt is important to keep in mind that there are an awful lot of good people in this world.

From the Washington Post:

“It started with the loneliest of pleas: “Large, 54 y.o. Christian, homeless male is looking for a person, family or couple to share Thanksgiving day with,” Neal Shytles wrote in an online ad. Last year he spent the holiday at a shelter, and although probably 200 other men were there eating turkey, “you sit down, you eat, you get up and leave,” he said. “Every day of the year is pretty much lonely for me, but Thanksgiving, Christmas is the worst time to be alone.”

So when a stranger, Ashley McLemore, offered to take him to her family’s home in Newport News for the holiday, he burst into tears. She did, too.

But that was just the beginning. His story resonated with people in Norfolk, where he has been staying at Union Mission Ministries, across Virginia and as far away as Europe and the South Pacific.”

Read what happened next here. Continue reading

For You, Dad.

Jack Marshall Sr Army portraitI lost my dad, Jack Marshall, Sr., five years ago today, and for some reason the loss feels especially sharp right now. This has been another miserable birthday, but not so miserable as that one, and I found myself once again revisiting my father’s favorite poem, which was a personnel credo for him and which has often served me well in hard times too. It is linked in the “Inspiration” section on the  Ethics Alarms home page, as well as quoted in my post here on the day my father was buried in Arlington National Cemetery.

Nonetheless, I am going to post Rudyard Kipling’s “If” once again. My father’s favorite line was…

If you can meet with Triumph and Disaster
    And treat those two impostors just the same;   
That was Dad to the core. He never looked back, never cursed his luck, never thought too highly of himself (or anyone else), always believed in tomorrow, and that no victory was final, and no defeat was forever. And I know he was right, though it doesn’t often feel like it. So this is for you, Dad. Thanks for everything.

“If”

If you can keep your head when all about you

Are losing theirs, and blaming it on you,

If you can trust yourself when all men doubt you,

But make allowance for their doubting too;

If you can wait, and not be tired by waiting,

Or being lied about, don’t deal in lies,

Or being hated, don’t give way to hating,

And yet, don’t look too good, nor talk too wise:

If you can dream – and not make dreams your master;

If you can think – and not make thoughts your aim;

If you can meet with Triumph and Disaster

And treat those two imposters just the same;

If you can bear to hear the truth you’ve spoken

Twisted by knaves, to make a trap for fools,

Or watch the things you gave your life to, broken,

And stoop, and build ’em up, with worn-out tools:

If you can make one heap of all your winnings

And risk it on one turn of pitch-and-toss,

And lose, and start again at your beginnings

And never breathe a word about your loss;

If you can force your heart and nerve and sinew

To serve your turn, long after they are gone,

And so hold on when there is nothing in you

Except the Will which says to them: “Hold on!”

If you can talk with crowds and keep your virtue,

Or walk with Kings – nor lose the common touch,

If neither foes nor loving friends can hurt you,

If all men count with you, but none too much;

If you can fill the unforgiving minute

With sixty seconds’ worth of distance run,

Yours is the Earth and everything that’s in it,

And—which is more—

You’ll be a Man, my son!

 

The Free Range Mom, Bias, and the Perils Of Blind Loyalty

About  the blind leading the blind---not only is it dangerous, it looks ridiculous to those who can see.

About the blind leading the blind—not only is it dangerous, it looks ridiculous to those who can see.

One of my favorite bloggers just fell into the blind loyalty trap. I’m sympathetic, but this is something that those who accept the responsibility of  teaching us important lessons and clarifying difficult issues must avoid at all costs. Bias makes us stupid, and blind loyalty breeds bias like carrion breeds maggots. It pains me to see Lenore Skenazy, author of the Free Range Kids blog, undermine her credibility like this.

She titled her post Horrible Editorial Chides Mom for Not Predicting Unpredictable Crime. In it, she takes the side of a mother who left her four-year-old son in an unlocked, running van while she picked up her daughter at a northeast school. Someone was drove her van off with her son in it, and subsequently crashed. The boy was unhurt. Under the circumstances, there is nothing horrible about the editorial, which uses the incident—even Skenazy agrees that the mother’s conduct was “dumb”—to caution parents about leaving children in cars. This is the editorial that aroused Skenazy to defend the indefensible:

“A Calgary mom has no doubt learned her lesson. The woman recently left her four-year-old son in her unlocked, running van while she picked up her daughter at a northeast school. The mother said she was gone about six minutes, and when she came out, someone was stealing her van with her son in it.

Fortunately, the incident ended well, with the child unhurt after the thief crashed the van, and the suspect was taken into custody.…charges of child endangerment need to be pressed to set an example, because no matter how often these types of things occur, other parents continue to leave their kids in similar situations. It takes just a few minutes to get your child out of a vehicle and bring him or her along with you on whatever errand needs running. Sure, it’s more convenient just to leave a child in the car and do the errand, unencumbered. However, child safety should trump inconvenience every time. Better a few extra minutes lost bundling a little one in and out of a vehicle than a lifetime of regret and what-ifs.”

The rationalizations in Skenazy’s defense begin with the title of her post, which is dishonest and in her own words, “dumb.” She is using moral luck as a defense, arguing that the sequence of events as they unfolded were merely unfortunate, and the mother just as easily could have returned to her van and car with nothing amiss. The odds favor nothing bad happening in six minutes; on the other hand, the odds of nothing bad happening are much better if a child isn’t in an unlocked vehicle with the engine running at all. Continue reading

On Forced Acceptance Of Same-Sex Marriage: The Slippery Slope Stops Here

Hitching-Post-Idaho

Donald and Evelyn Knapp, pictured above, are ordained ministers who conduct weddings at their for-profit chapel in Coeur d’Alene, Idaho, called “The Hitching Post.” After this year’s ruling by an Idaho federal judge that the state had to recognize  same-sex weddings, a City of Couer d’Alene deputy city attorney went on  local TV to say that for-profit wedding chapels could not legally turn away a gay couple without risking a misdemeanor citation. The Hitching Post, he noted, “would probably be considered a place of public accommodation that would be subject to the ordinance.” The Knapps say the the City Attorney’s office has made the same assertion in telephone conversations with them.

Now, the Volokh Conspiracy reports, the Knapps have moved for a temporary restraining order, arguing that applying the anti-discrimination ordinance to them would be unconstitutional and would also violate Idaho’s Religious Freedom Restoration Act.

They have to win. As Professor Volokh, a First Amendment authority of fame and renown, explains, Continue reading