An Irish Gay Marriage Ethics Quiz: Ethics Hero, Ethics Dunce…or What?

gay-marriage

It’s comforting, I think, to realize that the U.S. isn’t the only Western nation that is in cultural upheaval over the gay marriage issue.

The  Irish Government, for example, will be holding a referendum on same-sex marriage at the end of May, only two decades after homosexuality was decriminalized.  Now polls suggest that  almost 80% of the Irish people favor legalizing same-sex marriage. Kowabunga, or rather, Faith ‘n Begorrah!

 Father Martin Dolan, the long-time priest at the Church of St Nicholas of Myra in Dublin’s city center for 15 years, called upon his congregations at the Saturday night Mass and Sunday morning service to support same sex marriage in the upcoming Irish vote. Then he announced that he was gay himself.

Dolan’s revelation received applause and a standing ovation.

Your Ethics Alarms Ethics Quiz for the day:

Was this conduct by the priest ethical?

I have some observations.

1. Since the Catholic Church does not approve of homosexuality, I believe that it is doubly unethical for a gay man to be a Catholic priest. First, it is dishonest, and second, it is hypocritical.

2. Announcing that he is gay is a good campaign tactic, as his parishioners presumably admire him, but it is making a national and cultural decision personal.

3. Father Dolan, being gay himself, has a personal interest in the result. He is therefore not an objective advocate, and as a priest, giving guidance to a congregation, he is obligated to be objective and without conflict.

4. Yes, it is more ethical for him to disclose his bias than not. It is still a bias, and still taints his judgment and credibility on the issue.

5. If this is a moral, religious issue, then Father Dolan has jurisdiction to provide his guidance and advice. If it is a political question, then he is abusing his power and influence, and that is irresponsible. This involves a vote that isn’t binding on any church, which means the referendum is a political issue, not a religious one.

6. Verdict: abuse of power.

7. Is it ethical for a priest to directly challenge Church teachings as an official, employee and figure of authority in the Church, with a public statement he knows would not be approved by his superiors? No. It is a betrayal of trust.

My view:

The priest’s advocacy was unethical.

_______________________

Pointer: Fred!

Facts: Irish Central

Double Standard Chronicles: Why Is Mocking The Rolling Stones For Their Appearance More Ethical Than Fat-Shaming Kelly Clarkson?

Rolling Stones

It isn’t. It is just as wrong.

Fox’s Chris Wallace has apologized for making a gratuitous and unkind crack about pop singer Kelly Clarkson’s weight on a conservative talk radio show (he was suckered into it by the host, Mike Gallagher, who has also apologized to Clarkson.)

Today I have seen the above graphic circulating on Facebook with many “likes” and snarky comments about Mick and Keith’s faces.

My restrained reply is “Shut up, jerks, and show some respect.

Original members Mick Jagger, Keith Richards and Charlie Watts are over 70 now. Nevertheless, they are embarking on another North America tour. They can still play, in some ways better than ever; Mick can still sing, and can still dance like a chicken. The Stones show passion and professionalism in every performance; those who have seen their concerts leave amazed. The Stones are not like the Beach Boys or the Turtles, croaking out 50-year-old hits to grandparents at county fairs. The Stones can still rock, still have musical integrity, still give their audiences their money’s worth and then some.

I wonder how many of the Facebook trolls writing about how the Stones, who are going to be 73 this year, look old—they are old, and so what? What exactly are they supposed to do about that?—know how hard performing at a professional level is, how exhausting it is, how it impossible to get to sleep for hours after a show because you are soaked with adrenaline, and how much wear and tear it places on the body, emotions and mind.

My guess? Very few. And very few of these obnoxious critics will be able to walk upstairs quickly at the age that the Stones are still rocking arenas. I give three hour, interactive ethics seminars, and I’m a lively speaker. After about two seminars in a week with the related travel, I am fried—and the Stones are expending more energy, more often, then I am. They are also a decade older than I am. I can’t be certain I’ll be able to do my Ethics Chicken Dance when I’m 73. They are an inspiration. Continue reading

Tales of the Indiana State Legislature: “Your Baby Is A Racist!”

Indiana State Rep. Vanessa Summers. (All right, not really, but I couldn't resist. Read the story and you'll get it.)

Indiana State Rep. Vanessa Summers. (All right, not really, but I couldn’t resist. Read the story and you’ll get it.)

Can it get worse than this? During the debate  in the Indiana House  over the Religious Freedom and Restoration Act,  state Rep. Vanessa Summers, (D-Indianapolis) rose to set a new record in outrageous race-baiting.

“I told [Republican colleague] Jud McMillin I love his son, but he’s scared of me because of my color.”

Responding to a rumble of protest from her assembled colleagues, Summers insisted, “It’s true.” When challenged on the assertion later. she defended her accusation, saying:

“He (the eighteen-month-old child) looked at me like I was a monster and turned around and cried. And I told him (McMillin) you need to introduce your child to some people that are dark-skinned so he will not be scared.”

There are so many take-aways from this episode that it’s difficult to know where to begin, or where to stop.

Continue reading

Ethics Over Compliance: The Dutch Banker’s Oath

bankers oath

“Professional ethics” is a never-ending battle between compliance and ethics, between rules and penalties on one side, and principles and values on the other. Compliance is easier: all you do is tell people with rules and regulations what they must or can’t do, and promise that there will be consequences if those rules are violated. For ethics to work, people actually have to understand ethical values and be committed to living by them in a professional context.

Compliance has little to do with ethics. Jack the Ripper will follow rules if they are clear, if he knows he’ll get caught if he violates them, and if the punishment when he does will be  harsh enough. That won’t make him ethical. In fact, compliance–rules-based professional conduct control—is often antithetical to ethics. Rules and laws are merely a challenge to the type that Oliver Wendell Holmes called “The Bad Man”-–which includes bad women—to find ways to do things that are wrong but that avoid violating rules sufficiently to justify punishment.  This is why most compliance codes have language in their introductions noting that it’s impossible to make a code that will cover every wrong someone can think of, so ethics are important too.

Pure compliance-based systems don’t improve ethical conduct. The financial collapse in 2008 was largely caused by financial manipulators operating in the grey areas of the rules and laws—that’s why so few of them could be prosecuted. In politics, The compliance mindset is extremely convenient for clever liars and cheats like the Clintons, which is why Hillary could try to explain her e-mail shenanigans by saying that “I fully complied with every rule I was governed by (heh-heh-heh!).” Unethical people will always find ways to get around rules. Ethical people, in contrast, barely need rules at all.

Another benefit of ethics over compliance is that ethics rules–compliance codes—have to be long and detailed, otherwise it’s too easy for Clinton-types to find loopholes, though they usually will find some anyway. Ethical values, on the other hand, can be stated very simply. An ethical employer thinks, “Hmm, that intern is cute, but I am married and have duties of loyalty and honesty to my wife and family, and it would be an abuse of power and influence as well as irresponsible for me as a leader to have an affair with someone under my supervision in the organization.” The Bad Man thinks, “Wow, she’s hot; my wife won’t care as long as I’m not caught; getting a hummer isn’t considered sex where I come from, and there’s nothing that says a President can’t fool around!” For the former, “A leader should not have sex with subordinates” is clear as a bell; his values tell him why. The latter, though, is thinking, “Hmmm. How can I get around this? That rule says “should” but not “shall”— that’s good. No punishment is specified. Sounds like more of a guideline than a rule. “Sex”—that must mean sexual intercourse: great! Lots of wiggle room there. And “subordinate”—is an intern really a subordinate? And I bet I could argue that this is personal, not official conduct. All good…now where’s that cigar?

Invoking ethics rather than compliance is a new oath required by the Dutch Bankers Association. It could be printed on a postcard, and if a banker is ethical, it is all he or she needs:

I swear within the boundaries of the position that I hold in the banking sector…

…that I will perform my duties with integrity and care;

…that I will carefully balance all the interests involved in the enterprise, namely those of customers, shareholders, employees and the society in which the bank operates;

…that in this balancing, I will put the interests of the customer first;

…that I will behave in accordance with the laws, regulations and codes of conduct that apply to me;

…that I will keep the secrets entrusted to me;

…that I will make no misuse of my banking knowledge;

…that I will be open and transparent, and am aware of my responsibility to society;

…that I will endeavor to maintain and promote confidence in the banking system.

So truly help me God.

And if a banker isn’t ethical,

it won’t matter anyway.

__________________________

Pointer: Legal Ethics Forum

Sources: Bloomberg, The Conglomerate

Graphic: Bloomberg

Ethics Dunce: Tucker Carlson (No, I Mean Seriously, This Guy Is Really, REALLY An Ethics Dunce!!!)

Oh NO!!! Tucker Carlson is trapped by a conflict of interest! I'm coming, Tucker...just hold on! I'M COMING!!!!

Oh NO!!! Tucker Carlson is trapped by a conflict of interest! I’m coming, Tucker…just hold on! I’M COMING!!!!

Tucker Carlson is the founder and publisher of the conservative commentary and news site, The Daily Caller. In this post, I recently discussed Carlson’s ethical obtuseness in pulling a column by a Daily Caller contributor because it criticized Fox News, where Carlson has a gig as a weekend host of the network’s embarrassing happy conservative talk morning news show. I wrote,

The conflicts of interest on display here, the insensitivity to them, and the lack of any pretense of journalistic fairness or integrity is staggering. Carlson has placed The Daily Caller in the same, discredited ethics no-man’s land of Media Matters, Move-on.org, the Daily Kos and other sites that blatantly distort the news and their commentary on it for specific, ideological and personal agendas, and a personal agenda is the most unethical and cynical conflict of all. Carlson likes his Fox paycheck, apparently. Well, then, his ethical obligation is to have an independent journalist edit his website. In the alternative, he needs to refuse to work for Fox unless the network agrees to allow him full reign to say and write what he believes on his website, and to allow others to do so as well.

Apparently Carlson doesn’t read Ethics Alarms—I am shocked and disappointed—and moreover, has the imagination and ethics problem-solving skills of a banana slug.  Mediaite reports that he was discussing his ethics problem with RealClearPolitics, and admitted that he was totally flummoxed about what to do, poor dear:

“I have two rules,” Carlson said, “One is you can’t criticize the families of the people who work here, and the other is you can’t go after Fox” because he works there. Sigh. “Yes, it’s a conflict, for sure…but I don’t know what to do about it.” Continue reading

A Remorseful Prosecutor Apologizes

Above: Glenn Ford Today. L-Ford in 1983 R-The apologetic prosecutor

Above: Glenn Ford Today. L-Ford in 1983 R-The apologetic prosecutor

Now THIS is a #1 Level apology on the Ethics Alarms Apology Scale.

It’s more than an apology, really: it approaches self-flagellation. The tragic aspect of the confession and apology of former prosecutor  A.M. “Marty” Stroud III,  is that no one can really apologize for what he did, not after 30 years. For Stroud was the lead prosecutor in the December 1984 first-degree murder trial of Glenn Ford, who was convicted and sentenced to death for murdering Isadore Rozeman. Ford was innocent, and was finally released a year ago. His is a classic, horror story of justice derailed. Continue reading

Ethical! Funny! But Stupid: Kentucky’s Risible Same-Sex Marriage Ban Defense.

laughing Scotus

Supreme Court justices deserve to have a good laugh now and then.

Michigan, Ohio, Kentucky, and Tennessee are all defending their legislative bans on gay marriage in briefs before the U. S. Supreme Court. Only one of their legal teams came up with—-or had the guts to include—the novel argument contained in the Bluegrass State’s brief, which explains why a ban on gay marriage does not “discriminate on the basis of sexual orientation”:

Kentucky’s marriage laws treat homosexuals and heterosexuals the same and are facially neutral. Men and women, whether heterosexual or homosexual, are free to marry persons of the opposite sex under Kentucky law, and men and women, whether heterosexual or homosexual, cannot marry persons of the same sex under Kentucky law.

This is in the amusing category of arguments that make technical sense in legal terms—well yes, come to think of it, if you look at it that way, you’ve defined discrimination right out of the case!— but no sense whatever in the real world. Gays can’t marry their intended life partner but heterosexuals can; that’s obviously unequal treatment and constitutes discrimination. The defense deceitfully pretends that the whole reason for the emotional controversy doesn’t exist: “Love? What’s that? We know nothing of this thing you call love!”

These come up all the time when legal teams are brainstorming which theories to pursue in an appellate brief, and are virtually always discarded after some general amusement and admiration for the Clintonian who devised it. There is nothing unethical about including a dubious argument along with better ones in a brief, even a Supreme Court brief: consider the position that carried the day in the Obamacare case, when Chief Justice Roberts adopted a rationale for the individual mandate that the Obama Administration had repeatedly rejected and denied. The problem is that such an off-the-wall argument is risky:

1. It pulls time, attention and consideration from more promising arguments.

2. It makes the client look foolish or unserious to the public.

3.  Worse, it might make the client look foolish to the justices.

4. Some justice might react to it as an insult to his or her intelligence.

More than all of that, however,the argument is not going to work. Can you imagine what the reaction would be if the Supreme Court endorsed gay marriage bans relying on that logic? The argument is a non-starter, so including it in the brief sends a loud and clear message that no appellate lawyer ever wants a judge to hear:

“We got nothin’.”

 

Advocacy Ethics And Larry Tribe’s “Betrayal”

Bought, believed, or both?

Bought, believed, or both?

One of my favorite topics here, the public’s (and news media’s) misunderstanding of legal ethics and the function of lawyers, recently broke into the news with a crash as progressives saw Barack Obama’s constitutional law professor at Harvard and liberal icon Lawrence Tribe go before Congress and testified against the President’s climate change initiative, the Clean Power Plan, saying that it was the equivalent of “burning the Constitution.” This has been called every name in the book by progressives, from betrayal to greed to dishonesty.

“Laurence Tribe must not have been sworn in over a Bible today before testifying before Congress, because if he had been, that Bible would have burst into flames after his phony testimony about EPA’s legal authority to set standards for unlimited carbon pollution from power plants,” said David DiMartino, adviser to the Climate Action Campaign.“But I guess we shouldn’t be surprised— a wad of coal industry money burning a hole in your pocket can make you do strange things,” he added.

Indeed, Tribe was hired to represent its interests by Peabody Energy, the world’s largest private-sector coal company, and is the company’s counsel in a lawsuit that seeks to invalidate the EPA plan. That is what lawyers do, and what they exist to do: represent citizens and companies as they seek to avail themselves of their guaranteed right to use the law to protect their interests. Continue reading

Tales of “The King’s Pass”: Pete Rose and Jeremy Clarkson

King

The King’s Pass has been much in the ethics news of late—Brian Williams, Bill O’Reilly, David Petraeus, Hillary. Let’s review, shall we?

11. The King’s Pass, The Star Syndrome, or “What Will We Do Without Him?”

One will often hear unethical behavior excused because the person involved is so important, so accomplished, and has done such great things for so many people that we should look the other way, just this once. This is a terribly dangerous mindset, because celebrities and powerful public figures come to depend on it. Their achievements, in their own minds and those of their supporters and fans, have earned them a more lenient ethical standard. This pass for bad behavior is as insidious as it is pervasive, and should be recognized and rejected whenever it raises its slimy head.  In fact, the more respectable and accomplished an individual is, the more damage he or she can do through unethical conduct, because such individuals engender great trust. Thus the corrupting influence on the individual of The King’s Pass leads to the corruption of others…

1. The BBC just demonstrated how the King’s Pass should be rejected—with courage and gusto.

Jeremy Clarkson, the main host of the popular BBC auto show “Top Gear,” spent March misbehaving. He got in a shoving match with a producer, verbally abused staff and was recorded trashing the network. When Clarkson topped it off with a physical altercation with a show staffer, the BBC decided not to renew his contract. BBC head Tony Hall said in a statement:

It is with great regret that I have told Jeremy Clarkson today that the BBC will not be renewing his contract. It is not a decision I have taken lightly. I have done so only after a very careful consideration of the facts…I take no pleasure in doing so. I am only making [the facts] public so people can better understand the background. I know how popular the programme is and I know that this decision will divide opinion. The main facts are not disputed by those involved.

The BBC is a broad church…We need distinctive and different voices but they cannot come at any price. Common to all at the BBC have to be standards of decency and respect. I cannot condone what has happened on this occasion. A member of staff – who is a completely innocent party – took himself to Accident and Emergency after a physical altercation accompanied by sustained and prolonged verbal abuse of an extreme nature. For me a line has been crossed. There cannot be one rule for one and one rule for another dictated by either rank, or public relations and commercial considerations… Obviously none of us wanted to find ourselves in this position. This decision should in no way detract from the extraordinary contribution that Jeremy Clarkson has made to the BBC. I have always personally been a great fan of his work and “Top Gear”…The BBC must now look to renew Top Gear for 2016. This will be a big challenge and there is no point in pretending otherwise. I have asked Kim Shillinglaw [Controller of BBC Two] to look at how best we might take this forward over the coming months. I have also asked her to look at how we put out the last programmes in the current series.

The show, without Clarkson, is toast, and Hall knows it. Nonetheless, he had the guts to do the necessary and ethical act: not allowing its indispensable star to abuse his power and popularity . Once Clarkson did that, “Top Gear” was doomed anyway; firing him now just minimizes the carnage. Although Hall has no responsibility to other networks and organizations, his decisive handling of the episode has saved other programs even as it destroys his own. It is a precedent and a role model for employers refusing to allow themselves to be turned into enablers  by stars assuming the King’s Pass works. When they say, “You can’t fire me, I’m irreplaceable! There’s no show without me!”, the response now can be, per the BBC: “If there’s no show without a jerk like you, then there’s no show. Bye!”

2. Once again, Pete Rose is sucking the ethics right out of people’s brains.

Ah, Pete Rose. He was the topic of the first ethics post I ever wrote, way back in 2004. Then, in 2007, he became my first and only Ethics Dunce Emeritus.

The Pete Rose case is simple. Baseball has an absolute, no exceptions rule that demands a lifetime ban of any player, coach or manager who gambles on major league baseball games. Such banned players can’t be hired by major league teams for any purpose, and cannot be considered for Hall of Fame membership., ever, even after they are dead. Everyone in baseball knows why this rule exists—baseball was nearly destroyed in 1919 when gamblers bribed the Chicago White Sox to throw the World Series—and the rule is posted in every clubhouse. Rose bet on baseball while a major league manager, and also bet on his own team. Thus he is banned.

The significance of the fact that he is, as a player, the all-time hits leader and was the face of the game is that it led Rose to believe that the game would never ban him, and that if caught, he would be treated with special leniency. His excellence on the playing field doesn’t mitigate his conduct, or justify minimizing the ban it earned, at all.

The New York Times published a story about Rose’s efforts to get baseball to lift the ban, now that a new Commissioner, Rob Manfred, is in office. You can read the article here, which is remarkable for the many jaw-droppingly unethical arguments put forth by the baseball people the article quotes, contrasted with the occasional quote that shows that a speaker comprehends the concepts of consequences, accountability, and why letting stars break the rules is suicidal to any culture. It would be an excellent ethics exam.

Here are the quotes; my comments follow in bold. Continue reading

Fire NYT “Public Editor” Margaret Sullivan

new_york_times_logo

In some professions, an apology isn’t enough.

One such profession is accounting. Arthur Andersen couldn’t fix its reputation by apologizing. Its knee-deep involvement and likely complicity in the Enron debacle rendered its claim to trustworthiness permanently and irredeemable damaged. Its conduct made the company useless as a certifier of transparency and truth. For an accountant or auditor, if there is any doubt that he or she might not be telling the truth, the jig is up. One cannot trust a truth-teller who only is accurate and reliable most of the time.

I think the same applies to newspaper ombudspersons, if that’s the proper term now, and this is what Margaret Sullivan’s job as New York Times “public editor is,” euphemisms aside. She is supposed to bolster public trust by serving as an objective critic of Times reporters, columnists and editors, and ensuring that they hew to the high standards of professionalism and journalism ethics readers should be able to expect from the nation’s most respected newspaper.

Like the Washington Post’s Jonathan Capehart, Sullivan has published a mea culpa for her joining on the “Darren Lewis is a white cop and Mike Brown was an unarmed black kid, so obviously the white cop gunned down the black kid in cold blood because that’s what white cops do and whites want to do” lynch mob last summer as it was being led by Eric Holder, the media, Al Sharpton and others.  But unlike Capehart, who is an opinion columnist and can be forgiven a bit for being led by his biases, Sullivan job is to protect her colleagues from their biases and ensure that the Times at least tries to be objective and fair. Continue reading