Ethics Observations On The Masterpiece Cake Shop Decision

The Supreme Court ruled today in favor of Jack Phillips, the Christian baker in Colorado who refused to bake a custom wedding cake for a same-sex couple. The Court  found that the Colorado Civil Rights Commission infringed on Phillips’s rights in ruling that he violated the Colorado anti-discrimination law barring merchants from refusing service based on race, sex, marital status, or sexual orientation. The ruling is narrow; it does not empower merchants to deny service based on sexual orientation.  It is based entirely on  the Colorado Civil Rights Commission’s  hostility toward Phillips’s religious views in ruling against him.

Observations:

1. Justices Ruth Bader Ginsburg and Sonia Sotomayor were the only dissenting votes, meaning that the decision was 7-2, and not a “conservative vs liberal” outcome. Even the dissent is based on narrow legal and factual distinctions rather than ideological ones.

2. Read the opinion, and the dissent. Also, if you really want to impress your friends, access the resources available here.

3. These statements from Justice Kennedy’s majority opinion, cited by Justice Ginsberg, help clarify matters in the right legal and ethical direction:

  • “[I]t is a general rule that [religious and philosophical] objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.”
  • “Colorado law can protect gay persons, just as it can protect other classes of individuals, in acquiring whatever products and services they choose on the same terms and conditions as are offered to other members of the public.”
  • “[P]urveyors of goods and services who object to gay marriages for moral and religious reasons [may not] put up signs saying ‘no goods or services will be sold if they will be used for gay marriages.’ ”

The ruling could have hardly been less of a ringing endorsement of either “side.”

4. To which I say, “Good.” As I wrote the last time this case was discussed here,
Continue reading

Saturday Morning Ethics Warm-Up, 5/19/2018: Thinking About Things That Matter While Ignoring The Royal Wedding Hype Edition

I can’t say it’s a good morning..

…since it’s been raining for three days already, with no end in sight..

1. I wonder how long before he’s fired? Instead of renewing his earlier call to repeal the Second Amendment, resurgent lone conservative New York Times op-ed columnist Bret Stephens spoke truth to abused power by condemning the news media in today’s column. He writes in part,

When Donald Trump takes his swipes at the “disgusting and corrupt media” and tens of millions of Americans agree, it’s not as if they don’t have examples in mind. Consider this week’s implication by major news organizations that the president described all illegal immigrants as “animals” during a White House roundtable with California officials. That would indeed be a wretched thing for him to say — had he said it. He did not. The Associated Press admitted as much when it deleted a tweet about the remark, noting “it wasn’t made clear that he was speaking after a comment about gang members.” Specifically, he was speaking after a comment about members of the Salvadoran MS-13 gang, infamous for its ultraviolent methods and quasi-satanic rituals. To call MS-13 “animals” is wrong only because it is unfair to animals….We have a president adept at goading his opponents into unwittingly doing his bidding. They did so again this week. Those who despise him for his deceits should endeavor to give no impression of being deceitful in turn.

Bingo.

2. Briefly noted…Today’s Times editorial is a graphic about how “Congress has dithered as the innocent get shot,” despite the fact that no “sensible gun control measures” would have prevented yesterday’s shooting in Texas…just gun confiscation, if that were possible, which it isn’t. Two letters in the letters section make the same contradictory, yet probably sincere, point. “Another day with the reality that sane gun control is a national emergency.” Continue reading

Sunday Morning Ethics Warm-Up, 5/6/2018: Moore, Marx, Polls, And #MeToo And Legal Ethics Don’t Mix

Good Morning!

1. Remember, this creep is a popular and influential “progressive.” Here was what Michael Moore tweeted yesterday on Karl Marx’s birthday:

“Happy 200th Birthday Karl Marx! You believed that everyone should have a seat at the table & that the greed of the rich would eventually bring us all down. You believed that everyone deserves a slice of the pie. You knew that the super wealthy were out to grab whatever they could.”

Nobody who spins Marx this way after his abstract theories were used to enslave and kill millions while leaving nations devastated and impoverished is worthy of respect, or indeed anything but horror. Such a statement requires ignorance, delusion, dishonesty or idiocy, probably all three. Moore is the Left’s Richard Spencer.

Birthdays deserving of more public remembrance than Karl’s: Arnold Stange, Harold Staasen, Melody Patterson, and Phil Linz, among others, as well as every world citizen who lived his or her life without playing a role in making the planet more miserable. Continue reading

Morning Ethics Warm-Up, 4/26/18: Sorry Trump-a-Phobics, It’s A President Trump Morning!

Good Morning!

1. Wake up with President Trump! By sheer chance, I surfed by Fox and Friends just as the three goofs (or two goofs and a random blonde from the stable in a tight party dress) on the sofa were having a spontaneous phone interview with President Trump, just like in the good old days in 2015, when CNN and NBC let the crazy old reality star and eccentric real estate mogul blather on while they smirked and nodded because it was great for ratings and  might even saddle the evil Republican Party with a Presidential candidate that Hillary Clinton could squash like a bug, finally leading to the Great Progressive Awakening in America, with open borders, no more guns, free college, a ban on fossil fuel, and Harvey Weinstein as a White House regular.

Observations:

  • Say what you will about Trump, this was just after 8 AM, I could hardly utter a coherent sentence, and the President was sounding like Harold Hill doing “Trouble in River City.” Either he had 20 cups of coffee or was hooked up to an electric generator.  I have a lot of energy, but Trump is older than I am, and he was energetic, engaged, and, for him, articulate.
  • His performance this morning highlights how disgusting the “Trump has dementia, let’s use the 25th Amendment to get rid of him” plot was, with the news media in full complicity. It made it hard for me to focus on what the President was saying on Fox, frankly. That particular post-election, anti-democratic attack—it was Ethics Alarms’ Plan E on the alphabetical list of “the resistance’s” ongoing efforts to overturn the election, if you recall—makes me furious every time I think about it.
  • Nevertheless, I will never get used to having a President who talks like he does.  It isn’t statesman-speak, or even demagoguery. It’s pure salesman patter, again, like Harold Hill,  or any infomercial spokesman. It’s almost hypnotic. What Trump-Whisperer Scott Adams would say, indeed has said many times, is that this is a talent and a skill, and we aren’t going to see it become commonplace among Presidents because most people just can’t do it well. No, it’s not Presidential, and will never be. But it works.
  • I also realized, once again, how much class bigotry is involved in the extreme hostility to President Trump from the “elites,” and yes, I count myself in that group. Never mind what schools Trump went to: he’s Fred Trump’s son, and unlike the Kennedy boys, never polished off the rough spots passed along to him through his humble, street-smart, back-alley forebears. I just watched the film of “My Fair Lady” again after many years, and found myself thinking about Henry Higgins’ theories while I was listening to Trump: if he spoke like Barack Obama, how differently would the news media and his adversaries treat him? Yet how many of his supporters would then regard him as just another one of “them”?

Why can’t the English teach their children how to speak?
This verbal class distinction, by now
Should be antique
If you spoke as she does, sir
Instead of the way you do
Why, you might be selling flowers, too!

An Englishman’s way of speaking absolutely classifies him
The moment he talks he makes some other Englishman despise him! Continue reading

Morning Ethics Warm-Up, 4/16/2018: The Integrity Edition

Good Morning!

1. James Comey, Cognitive Dissonance Dunce. The anti-Trump obsessed won’t be able to see it, but rogue ex-FBI director James Comey is doing an immense favor for President Trump and Republicans by single-handedly framing his campaign against the man who, it is increasingly obvious, correctly fired him (as Hillary Clinton would have done even faster) as that of a classic vengeful disgruntled employee and nothing more, or better. Even Time op-ed writer Charles Blow, whose every column since the election has been some paraphrasing of “I hate Donald Trump,” was forced to observe that Comey is an especially dislikable foe (as is Blow himself). The sheer number of loathsome Trump-bashers has a natural Cognitive Dissonance Scale effect that the President’s critics can’t seem to fathom.

Normal, fair-minded people whose natural instinct is to run from the likes of Nancy Pelosi, Ted Lieu, Hillary Clinton, David Hogg, Joy Reid, Bill Maher, James Comey, Robert DeNiro, Alec Baldwin, Stormy Daniels and the rest will find themselves, almost unconsciously, siding with the President rather than this basket of deplorables, because, you see, he is the President, and who wants to be identified with that crew?

In his ABC interview, which successfully marked Comey as Just Another Trump-Deranged Resistance Warrior, he actually said that Trump was “morally unfit” to be President. First of all, it is the electorate, not James Comey, that decides who is morally fit to be President.  Comey’s assessment is no more or less valid than that of anyone else. Second, the statement is ridiculous on its face. If Comey had an interviewer with any knowledge of Presidential character and the history of the office, plus the wit and integrity to expose  an ignorant opinion when one is broadcast coast to coast, he would have been asked..,

Was Thomas Jefferson morally fit to be President? Has Donald Trump kept his wife’s sister as a concubine and slave? Was Andrew Jackson morally fit to be President? Has Donald Trump killed anyone in an illegal duel? Was Grover Cleveland morally fit to be President? Did Donald Trump ever have a woman committed to an institution to silence her about their sexual relationship? Was Woodrow Wilson morally fit to be President? Has Donald Trump endorsed the Klu Klux Klan? Was Franklin Roosevelt morally fit to be President? Has President Trump ordered U.S. citizens into prison camps? Was Richard Nixon morally fit to be President? LBJ? Bill Clinton?

The Presidency is self-defined by its past occupants, and “moral fitness” is not a characteristic that comes to mind when considering what qualities are identified with successful, popular or effective Presidents.

2. Whither the ACLU? Alan Dershowitz has authored a searing attack on the ACLU’s lack of integrity demonstrated by its failing to condemn the Justice Department’s raid on lawyer Michael Cohen’s home and office. He writes in part, Continue reading

Morning Ethics Warm-Up, April 13, 2018: Past, Present, And Future

Happy Morning, everybody!

1. On the Future News front…The Michael Cohen raid has prompted a new outbreak of this particularly odious journalism and punditry trend: writing hysterically about what might happen. I spend so much time telling my wife that it is absurd and self-destructive to spend energy and emotion on dire “what if?” speculation, when sanity only reigns when we deal with what happens, when it happens, and not freak out because it might happen. Reinhold Niebuhr’s Serenity Prayer isn’t just for alcoholics, you know:

“God grant me the serenity to accept the things I cannot change;courage to change the things I can;and wisdom to know the difference. Living one day at a time;enjoy ing one moment at a time; accepting hardships as the pathway to peace…”

The news media, however, pummels us with dire future news to undermine serenity, create fear, encourage anxiety, distrust, panic and hysteria. All the better to undermine President Trump, after all.

MSNBC’s Joy Reid, for example, admittedly one of the worst of the worst, speculated about what might happen should the president refuse to allow himself to be arrested by federal marshals. Note that there is no evidence that there is anything to arrest him for, but never mind. This is Future News. “What if he refuses to open the White House door? What if he fires any Secret Service agent who would allow the federal marshals in? What if Donald Trump simply decides, ‘I don’t have to follow the law? I refuse to be held under the law. No marshal can get into this White House and any Secret Service agent who defies me is fired,'” she asked.

Today I am reading that Michael Cohen might have incriminating tapes of Donald Trump saying incriminating things. Yes, and he might have 12 toes and three nipples, too. Cohen apparently surreptitiously taped some of his conversations. Now, it is true that Cohen is a uniquely sleazy lawyer, but surreptitiously taping a client is a serious legal ethics breach that would pretty much end his career, not to mention his bar license, it it were proven. Never mind though: what if he taped Trump having sex with a marmot? What if he taped the President speaking Russian?

What might happen isn’t news. There are exceptions, but extensive concentration of speculation and projections, as with the Russian investigation coverage, is misleading and unethical journalism.

2. Incompetent prosecution to the rescue! For some reason, Bill Cosby’s prosecutors, allowed to choose from the more than 70 alleged victims of the serial sexual predator a representative five to show his  modus operandi that victimized Andrea Constand, chose Janice Dickinson, an aging ex-model, huckster, reality show star and publicity hound with the approximate trustworthiness and credibility of Stormy Daniels. Continue reading

Morning Ethics Warm-Up, April 12, 2018: Mistakes, Senators, Survivors, The Pope And Cosby

Good morning!

(I’m in a good mood because this happened last night…)

1. Incompetent elected officials of the month…From Reason:

On Tuesday, the Senate Judiciary and Commerce, Science, and Transportation committees grilled Facebook CEO Mark Zuckerberg about the company’s insufficient efforts to protect users’ personal data…

Sen. Roy Blunt, (R–Mo.) … didn’t seem to understand that Facebook lacks a means of accessing information from other apps unless users specifically opt in…. Sen. Roger Wicker (R–Miss.) needed a lot of clarification on how Facebook Messenger interacts with cellular service. Zuckerberg had to carefully explain to Sen. Brian Schatz (D–Hawaii) that WhatsApp is encrypted, and Facebook can’t read, let alone monetize, the information people exchange using that service. Zuckerberg had to explain to multiple senators, including Sen. Dean Heller (R–Nev.), that Facebook doesn’t technically sell its data: The ad companies don’t get to see the raw information. Sen. Patrick Leahy (D–Vt.) brought along a poster on which his office had printed out images of various Facebook pages. Leahy asked whether these were Russian propaganda groups. “Senator, are you asking about those specifically?” Zuckerberg asked. He of course had no way of knowing what was going on with those specific pages, just from looking at pictures of them….Sen. Amy Klobuchar (D–Minn.) offered this metaphor: “the way I explain it to my constituents is that if someone breaks into my apartment with a crowbar and takes my stuff, it’s just like if the manager gave them the keys.” But …Facebook didn’t willfully assist in a crime. …Sen. Debbie Fischer (R–Neb.) didn’t understand, at a fundamental level, that if you’re using Facebook, you have agreed to let Facebook know a lot of information about you. Sen. Lindsey Graham (R–S.C.) asked whether Facebook had any major competitors. …

 

This is a theme of regulation, rules and laws in the cyber age: the officials responsible for regulating the uses and abuses of technology don’t use the technology involved, don’t understand it, aren’t willing to take the time to learn, and are apparently not even aware of how irresponsible and incompetent this is, how stupid and lazy it makes them look, and how it undermines the public trust.

2. But don’t worry…In his testimony, Zuckerberg said that Facebook was working on a way to ban “hate speech.” I can’t wait to see what the left-wing crypto-fascists who run the Big Tech giants consider “hate speech.”  Actually, we have some pretty good clues. Facebook silenced pro-Trump video-bloggers “Diamond and Silk,” deeming their political content “unsafe to the community.” Continue reading

Comment Of The Day: “Ethics Quiz: Harvard And Evangelicals”

 

 The theological discussions that periodically break out on Ethics Alarms are always interesting. Naturally the question of whether seeking out a same-sex relationship justified expelling an officer in an evangelical Christian student group at Harvard sparked one. Here is Rich in Ct’s Comment of the Day on the post, “Ethics Quiz: Harvard And Evangelicals”:

“Given that someone other than Jesus Christ created the ideology then I cannot automatically believe that proscriptions against said choices are in fact Christ’s teachings. Much of those ideas are old testament ones. Christ’s teachings obliterated many of those old testament ideas.”

It is a fallacy to make these two unrelated but true statements (that Christ did not address homosexuality, and that Christ negated much of the Old Testament), and imply that the current ideology that homosexuals must abstain is inconsistent with Christ’s teachings. It is also a bit weaselly to say that you cannot “automatically believe” one way or the other, but not examine readily available arguments.

Stipulated: I am only arguing what Christianity historically teaches, not whether Christianity is correct or should be accommodated by Harvard or society at large; my goal is only to point out inconsistent theology and history. In the broader context here, understanding what Christ taught and teachings are inferred is important to understand the particular motivation for the student group.

At a minimum, the bible was not written in a vacuum, but within a living culture. The gospels and epistles were written for specific audiences, to address the particular concerns of those groups, not rotely restate what was already collectively understood. Luke, for instance, was addressed to Theophilos (his most excellency). That Jesus Christ was not recorded as addressing a particular topic just means that the gospel authors did not think it needed to be clarified. There is even a catch-all at the end of John stating as much:

“Now there are also many other things that Jesus did. Were every one of them to be written, I suppose that the world itself could not contain the books that would be written”.

This is not an esoteric concept. We live in our own collective culture. In constitutional law, for instance, justices routinely review contemporary sources to infer the framer’s intent. When we look at the Second Amendment, it was written at time when a rag-tag group of colonies resisted the greatest empire the world had seen to date. When interpreting “the right of the people to keep and bear arms shall not be infringed“, it very clearly echos the Declaration of Independence:

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it,…”

The right of the people to resist their government as a last resort cannot reasonably be preserved if weapons are only guaranteed to a “militia” not elsewhere defined in the constitution. The Second Amendment can only be interpreted to mean something else if one ignores the culture and contemporary events that motivated it.

When we look at theology, we must interpret the topics discussed by Christ and the biblical authors in light of earlier theological works. To infer his teachings regarding homosexuality, we must look at his words regarding similar topics, and their relationship with Old Testaments view of homosexuality. Specifically, if we look at Christ’s teachings regarding sex, marriage, and lust, Christ act actually clamps down, rather than liberates. He abolishes Mosaic Divorce, binding married couples for life “what god has joined let no man put asunder”.

This must be interpreted within the Jewish culture; if men and woman are now bound for life, but if as stated in the Old Testament “If a man lies with a male as with a woman, both of them have committed an abomination;” it stands to reason that if the man laying with a woman portion of the law were tightened by Christ, then the man lying with a man part were not likely loosened.

However the second part of that line, “they shall surely be put to death; their blood is upon them….” must be equally reinterpreted in light of Christ’s mercy towards the adulterous, the violator of the vary portion of the law he tightened:

“(Let He Who is without Sin cast the First Stone) Woman, where are your accusers? Has no one condemned you?” – “No one, Lord,” she answered. – “Then neither do I condemn you,” Jesus declared. “Now go and sin no more.”

The theologically sound conclusion might be that Christ did not approve of homosexual behavior, but demanded that mercy be shown to them. Continue reading

Ethics Quiz: Harvard And Evangelicals

At Harvard College, the Office of Student Life has placed the student religious group Harvard College Faith and Action on “administrative probation” for a year after the organization pressured a female member of its student leadership to resign in September following her decision to date a woman.

College spokesperson Aaron M. Goldman announced the move to put HCFA in a statement that read,

“After a thorough review and finding that HCFA had conducted itself in a manner grossly inconsistent with the expectations clearly outlined in [the Office of Student Life’s] Student Organization Resource and Policy Guide, OSL has placed HCFA on a one year administrative probation.”

HCFA co-presidents, students Scott Ely and Molly L. Richmond, elaborated:

“Earlier today, we met with an administrator who informed us that the College would place HCFA on probation, citing our relationship with Christian Union as well as our standards for leaders. The decision to suspend HCFA, though, is almost certainly tied to the Sept. 2017 resignation of a female bisexual former assistant Bible course leader. HCFA leadership asked the woman to step down from her position after they learned she was dating another female student—violating guidelines laid out in the Harvard College Student Handbook, which stipulates recognized campus student groups cannot discriminate on the basis of “sexual orientation.”…We reject any notion that we discriminate on the basis of sexual orientation in our fellowship. Broadly speaking, the student in this case was removed because of an irreconcilable theological disagreement pertaining to our character standards.”

In other words, the group did not eject the female student because of her sexual orientation, but because the religious group’s principles dictated that same-sex sexual relations were wrong, thus disqualifying her as a leader.  The ejected student herself confirmed to the Harvard Crimson that this was her understanding.

Your Ethics Alarms Ethics Quiz of the Day:

Is Harvard on solid ethical ground suspending the group?

Continue reading

Morning Ethics Warm-Up, 4/1/2018: The Easter-April Fools Edition [UPDATED]

Happy Easter, or April Fools Day,

…whichever you chose, or both.

[My family celebrated Greek Easter (next Sunday, this year), or not, depending on how Greek my mother was feeling. The whole thing left me thoroughly confused. And why no Greek April Fool’s?]

1 Hey, it’s only the Pope carelessly allowing centuries of Catholic teachings to be declared, if informally, null and void. What’s everyone so upset about? Recipe for a fiasco:

  • The Pope inexplicably has a meeting with a 93-year-old atheist reporter, Eugenio Scalfari, who has reported on the alleged contents of their private meetings before.
  • Scalfari has admitted “on more than one occasion” that he doesn’t take notes or record his conversations with the Pope.
  • The Pope either opines, or doesn’t, or sort of does depending on your interpretation, and if you are an atheist confirmation bias comes into play, opine that Hell doesn’t exist, saying, according to his pal, “Hell does not exist…The disappearance of sinful souls exists.”
  • Scalfari, presumably without permission or consent, but he’s a journalist, so he’s going to report the news, and the Pope saying that all that stuff in the Bible about Satan is a lot of hooey is, you have to admit, news (although who knows if Matt Pearce would report it as news; I guess it would depend on whether he wanted the public to know there was no Hell, right?), naturally lets the world know that the Pope doesn’t believe what his predecessors and follower have been using to scare the Hell out of sinners all this time.
  • The Vatican issued a statement saying:

“What is reported by the author in today’s article is the fruit of his reconstruction, in which the precise words uttered by the Pope are not cited. No quotations in the aforementioned article, then, should be considered as a faithful transcription of the words of the Holy Father.”

That’s called “spin.” Why do we trust these people?

2. Why is NPR taxpayer-funded again? This “correction” actually appeared in the NPR story about the Pope’s Hell problems:

Correction March 30, 2018: An earlier version of this post incorrectly described Easter as “the day celebrating the idea that Jesus did not die and go to hell or purgatory or anywhere at all, but rather arose into heaven.”

Competence? Editors? Basic education? Respect for people’s faith? Knowing something about the predominant religion ins the nation you are reporting on? Hello? Continue reading