Ethics Quiz: The Conundrum Of The Wrong Color Baby

mixed race child

[ I wrote about this case last fall, before the decision in the case. This Ethics Quiz is a follow up. No fair cheating by going back and reading the older post until you have your answer]

Jennifer Cramblett, one half of a white same-sex couple that wanted a child, went to Midwest Sperm Bank and chose adeposit from donor No. 380. The sperm bank made that ol’ “8 looks like 3” mistake, so instead of the white donor the couple wanted, they were given sperm from donor No. 330, a black man. Cramblett filed suit against the sperm bank in 2014 for damages because she gave birth to a mixed-race daughter, and that was not what she paid for.

The sperm bank apologized but refunded only part of the cost to Cramblett and her partner Amanda Zinkon, and denied that damages were warranted.  Cramblett’s suit alleged that the mistake caused her and her family stress, pain, suffering and medical expenses, and that she feared that her daughter, Payton, now 3, would grow up feeling like an “outcast.” Attorneys for the sperm bank argued that “wrongful birth” suits should only apply to cases where a child is born with a birth defect that was predictable. In this case, the girl, Payton, is normal and healthy. Being black, of course, is not a defect.

The judge threw out the case, but headlines have been misleading. The original suit—why, I don’t know—failed to allege negligence, which I would think would be a slam dunk. The suit can and presumably will be refiled with a negligence claim, and that’s res ipsa loquitur.  (If a black child is born to a white couple, someone goofed somewhere.) There will be damages, but the question is how much and on what basis.

Your Ethics Alarms Ethics Quiz of the Day is this:

Would it be ethical for a court to hold that having a child that is the “wrong” color is a hardship, injury, or misfortune worthy of damages?

Continue reading

Unethical Quote of the Week: Kim Davis

“I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage. To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God’s Word. It is a matter of religious liberty, which is protected under the First Amendment, the Kentucky Constitution, and in the Kentucky Religious Freedom Restoration Act. Our history is filled with accommodations for people’s religious freedom and conscience. I want to continue to perform my duties, but I also am requesting what our Founders envisioned – that conscience and religious freedom would be protected. That is all I am asking. I never sought to be in this position, and I would much rather not have been placed in this position. I have received death threats from people who do not know me. I harbor nothing against them. I was elected by the people to serve as the County Clerk. I intend to continue to serve the people of Rowan County, but I cannot violate my conscience.”

—-Kim Davis, Rowan County Kentucky Clerk  and hero of the addled, who has been making an ass out of herself while inconveniencing and insulting citizens of the State of Kentucky who only wish to get a marriage license, as is their right, in an official statement today released by her lawyers.

Stop in the name of arrogance and ignorance!

Stop in the name of arrogance and ignorance!

The U.S. Supreme Court declined to extend a temporary stay of a federal court order directing Davis to stop grandstanding, do her job and issue marriage licenses to a same-sex couples. One of the couples that Davis sought to deny the equal protection of law sued her, hence the order.   Davis’s lawyers, who have been giving her lousy advice, appealed  that order to the Court of Appeals, which stayed the lower court order until August 31. Now the stay of the order is no longer in effect, she’s out of even semi-rational options, and the courts are out of patience.

Davis, expressing certainty regarding her gross misinterpretation of law, religion, the Bible, and what it means to have a job, embraces a version of the Rule of Law that would lead directly to a theocracy. She is doing more damage to Christianity by her high profile idiocy than any gay couple possibly could. Continue reading

The Disturbing Case Of The Intimidated Juror

Courtroom Jury Box

I don’t like the implications of this story one bit.

In Clayton County, Georgia, a jury had just come in with an acquittal verdict in the trial of Eric Lydell Smith, who had been charged with nine counts including malice murder, felony murder and aggravated assault, in connection with the death of his neighbor, Eric Hernandez. Two years ago, Smith and Hernandez got into a fist fight on the street where both lived. Smith, an African-American, says he shot Hernandez—the mainstream newsmedia would refer to him as a “white Hispanic” if he had done the shooting— in self-defense, but prosecutors and witnesses told the jury the fight had ended and Hernandez was walking away when Smith killed him.

“Not guilty of malice murder,” the jury foreman read from the verdict form, as Hernandez’ family openly wept in court. One not guilty verdict after the another was announced. Then prosecutors, nobody is certain why, asked the judge to take the unusual step of polling the jury members. The first eleven jurors, in turn, repeated the announced verdict of “not guilty” on all counts. Then the 12th juror, a white woman,  answered the judge’s  “Is this your verdict?” with a shocking “No, your honor.”

That’s a mistrial. Smith will probably be retried. Continue reading

Unethical Quote Of The Month: The Democratic National Committee

blm

“[T]he DNC joins with Americans across the country in affirming ‘Black lives matter’ and the ‘say her name’ efforts to make visible the pain of our fellow and sister Americans as they condemn extrajudicial killings of unarmed African-American men, women and children.”

—-The Democratic National Committee, in a resolution passed last week endorsing #Black Lives Matter”

You think that having Donald Trump running (temporarily and momentarily) as a front-runner in the race for the 2016  Republican Presidential nomination is embarrassing for Republicans? That’s nothin’! The official endorsement of the racist, violence-promoting, anti-police and anti-rule of law movement Black Lives Matter ought to disqualify the Democratic Party as a trustworthy political organization until it stops pandering and apologizes for this statement.

Black Lives Matter is a racist, anti-white, hate-fueled organization that considers any law enforcement involving black criminals presumptively racist. The movement continues to rely on false and discredited media and activist narratives (“Hands up! Don’t shoot!”), citing “victims” like Michael Brown as the justification for its existence, presuming guilt in cases where the facts are uncertain or in legitimate dispute (Eric Garner was not “choked to death,” nor was he intentionally killed; Sonny Gray’s death is still unexplained; there is no evidence that Tamir Rice’s death was related to race). The primary result of the group’s efforts so far have been to increase racial tensions, to spark deadly attacks on police officers, and to cause a catastrophic rise in urban murders as police avoid proactive methods and stops involving black suspects to avoid becoming the next Darren Wilson. Continue reading

The Nurturing Of Race Hate, Part Two: The Daniele Watts Saga

daniele-watts

Last September, African-American actress Daniele Watts (“Django Unchained”) engaged in lewd, if non-felonious, public conduct, then exploited the tensions arising out of Ferguson to claim victim status, police harassment and race prejudice. When the police were exonerated by the recording of her arrest and she was ordered to apologize by a judge (and asked to apologize by civil rights leaders, who were embarrassed after they rallied to her support only to find that she had played the race card without  justification), she failed—twice—to deliver a sincere apology. She is defiant and intoxicated by her martyrdom, another young African American who has been convinced of her entitlement to be an anti-white racist.

To appreciate the tale, we have to go back to September 11, 2014, when the actress and her white boyfriend, a “celebrity chef,” were visibly engaged in sexual conduct in their car in broad daylight on an LA street. Neighbors complained—we have not yet reached the point where rutting in public is legal and acceptable, but give progressives time—and police responded. Naturally, as this was at the height of the Ferguson controversy, the news media immediately reported the story as more police harassment of black citizens, this time for “kissing while black.” Here’s a typical account from  September 14: Continue reading

Comment of the Day #1: Ethics Quiz: The Looney Tunes Cartoon Disclaimer

coonsongs

The Looney Tunes post was the latest in along line of those that I never anticipated provoking the rich discussions that they have, and this fascinating post by SamePenn really took off into an unexpected direction—ragtime and racist songs—that is  still relevant to the post. Just read, enjoy, ponder and learn; I did.

Here is SamePenn’s Comment of the Day, and there’s a second COTD coming,  on the post, Ethics Quiz: The Looney Tunes Cartoon Disclaimer: Continue reading

Ethics Quiz: The Looney Tunes Cartoon Disclaimer

Warner Brothers Warning

Above is the disclaimer shown at the beginning of each DVD in the Looney Tunes Golden Collection: Volume 4, Volume 5, and Volume 6 sets, as well as the Daffy Duck and Foghorn Leghorn Looney Tunes Super Stars sets and the Warner Bros. Home Entertainment Academy Awards Animation Collection:

Your Ethics Alarms Ethics Quiz of the Day:

Is the warning that introduces the Warner Brothers classic cartoon videos fair and responsible?

Continue reading

Ethics Heroes: 64% Of African-Americans. There Is Hope!

black-lives-matter

From The Hill:

Two out of three black people prefer the term “all lives matter” to “black lives matter,” according to a Rasmussen poll released Thursday. Only 31 percent of black people surveyed said that the statement “black lives matter” most closely comports to their own beliefs, compared to 64 percent who chose “all lives matter.”Seventy-eight percent of total respondents also chose “all lives matter,” including 81 percent of white and 76 percent of minority respondents, according to the poll.

Now that is genuinely good news, and after the last couple Ethics Alarms posts, I bet you needed some.

Quick, you pandering, pusillanimous, finger-in-the-air, weak-kneed, race-baiting politicians like Martin O’Malley—better retract those apologies for not flagging down the racist #BlackLivesMatter train to board fast enough…at least until the next poll, then you can flip again.

___________________________
Pointer: Instapundit.

Unethical Op-Ed Of The Month, Or Maybe All Time: Theodore R. Johnson In The Washington Post

Well, at least that would explain it...

Well, at least that would explain it…

The essay is titled, “We used to count black Americans as 3/5 of a person. For reparations, give them 5/3 of a vote.” Yes, it’s serious. There is so much wrong with it logically, ethically, historically, legally, and Constitutionally, that it would take more words, time and effort to fully rebut all the nonsense in the article than this oddity is worth. Go ahead, read it. If your first reaction is, “Hey! What a brilliant idea!,” it’s time to seek professional help, and I don’t care what color you are.

Rather than give this perverted, anti-democratic fantasy the dignity of a rebuttal, I’ll just offer a few observations: Continue reading

KABOOM! University Of Wisconsin Director Of Community Relations Says That Arresting Shoplifters Is Over-Policing

exploding-head3

This story made my cranium explode like Krakatoa, and it really scared my dog. If it doesn’t make your head explode, I am worried about you. I’m worried about you anyway. I’m worried about all of us.

UW Director of Community Relations Everett Mitchell, speaking at a University of Wisconsin Madison panel dealing with “Best Policing Practices,” argued that police should stop responding to shoplifting and thefts at Wal-Mart and Target in order to reduce what he refers to as “over policing” of the community. Yes, he really believes that enforcing the law regarding property crimes against retailers is “over-policing.”  Mitchell, an employee of an institution that exists to enlighten the young and impressionable, said that communities should be able to decide for themselves what laws should be enforced, and that  the ultimate goal of law enforcement is not the actual enforcement of law, but community safety as defined by the community itself. If the community thinks declaring open season on the local Walmart—looting, essentially—is just fine, then the police shouldn’t arrest anyone for it.  Theft from big box stores, he explained, is an example of a crime that police and the community may view differently.

How the owner of the stores that get robbed, the employees that will lose jobs when the store leaves to relocate someplace that doesn’t think theft is “safe,” and the families that will have no place to shop might feel about his plan was not discussed. Mitchell, you see, is an irresponsible idiot.

He was also formerly an assistant District Attorney in the Dane County District Attorney’s Office. He must have been great at that job.

Mitchell said, Continue reading