Rights

Twelve Post-Veto Ethics Observations On The Arizona “Religious Freedom” Bill

/ Jack Marshall / 212 Comments

veto2

1. As we now know, Governor Brewer vetoed AZ SB1062, the so-called “religious freedom” bill that was widely (and accurately) interpreted as support for discrimination against gays. In the previous post, I suggested that her delay in doing so sent a message that was as hostile to gays as the law itself: if she felt the law was ethically wrong, then she should have and would have announced that she would not sign the bill long ago. Instead, she waited to see how much economic damage the law would do to the state, and then vetoed it, not because this was the right ting to do, but because it was the pragmatic thing to do. (As the satiric Borowitz Report put it, “The state of Arizona found itself in the middle of a conundrum today as it awoke to the awkward realization that gay people have money and buy stuff.”) USA Today noted that, to the contrary,”Some political insiders believe Brewer has allowed furor over the legislation to build to thwart social conservatives’ attempts to push a similar bill later.” I doubt it, but if so, Brewer allowed her state and her fellow Republicans to be represented nationally as homophobic for as long as possible to spare herself the inconvenience of vetoing a second bill.

2. Despite the extravagant debate over the bill, almost no commentators actually published the bill’s text in the commentary. The reason appears to be that since the bill is really an amendment of an existing law, it takes a modicum of intelligence to figure out what’s going on. Here it is (the original law is in black; the new text is in blue; what has been removed in the amended version is struck through): Continue reading →

Ethics Dunces (Bigotry Division): Arizona Republicans

/ Jack Marshall / 194 Comments
Message received.

Message received.

I don’t know what Arizona Republican legislators are running from now: they have accomplished their mission. They’ve made it abundantly clear that they don’t like or respect the rights of gays, bi-sexuals and transsexuals, and want to leave no question in the minds of anti-gay bigots (or good and gentle religious people  across the state who want to discriminate against gays because they thing doing so is “moral”) that the nationwide cultural shift to approval of gay marriage, a.k.a, equal rights under law, hasn’t changed this: Arizona Republicans back your dislike of these perverts’ sinful, corrupting lifestyle, whatever the law is.

The disingenuous and offensive argument being made by Republican supporters of the modifications of  an 1999 Arizona law called the Religious Freedom Restoration Act (RFRA) is, in essence, that Arizona businesses can already discriminate against gays, and so can those of lots of other states. This isn’t an anti-gay law! It’s a religious freedom law! Yes, and the Civil War was about States rights. The new bill’s clear motivation—Timing! Timing!— is to strengthen the hand of businesses, organizations, corporation and non-profits that object, allegedly or actually on genuine religious grounds, to serving, employing, or dealing with gays. More than that, however, the goal is to line up the legal, moral and ethical authority of the state behind those who want to treat gays in this fashion, whatever the reason, rather than behind the rights of the LBGT community to be treated like all other citizens. Continue reading →

And The Trayvon Martin-George Zimmerman Ethics Train Wreck Rolls On…Apparently Forever

/ Jack Marshall / 41 Comments
It may be a train wreck, but if you're a liberal race-baiter, it's such a darned comfy one...

It may be a train wreck, but if you’re a liberal race-baiter, it’s such a darned comfy one…

The Michael Dunn trial ended without a verdict on the first degree murder charge, and the news media just couldn’t help themselves. Although the facts of two cases have virtually nothing in common, various prominent media figures could not resist connecting it to the Trayvon Martin killing and George Zimmerman’s trial, thus compounding the damage they have already inflicted on the public’s understanding of law, race, and ethics.

Other events spurred them on as well. There was the George Zimmerman interview in which he described himself as a victim, and this set some people off. Zimmerman is a victim—a victim of being made the race-conflict advocate’s poster boy for profiling villainy and bigotry when there are absolutely no facts that support such a characterization. He’s just not the dead victim in his tragic episode. Nor is the status of irresponsible, gun-toting fool necessarily incompatable with the status of victim in his case, but such nuances are beyond the comprehension of many among us, especially the many with press credentials.

Then the Providence College Black Studies Program announced that it would continue to give out an annual award called the Trayvon Martin Award for Social Justice, intended to honor those who have shown leadership and commitment to ”challenging and eliminating racism” and “empowering others to seek social justice.” The inexcusable implication of the award is that Trayvon Martin was the victim of racism, and that Zimmerman’s acquittal was social injustice, when in fact it was the epitome of the justice system working well. The program established the award in 2012, before Zimmerman had been tried or permitted to mount a defense in court, so this was no surprise. In fairness, the award needs to be renamed the Trayvon Martin “Our Minds Are Made Up So Don’t Confuse Us With Facts” Award. But then, fairness is not what the enshriners of this false but convenient narrative care about.

This morning,  CNN’s  over-opinionated morning news co-anchor Chris Cuomo (I’ll bet you he runs for office as a Democrat within five years or less) was showing part of his taped interview with Dunn prosecutor Angela Corey. I admit that it was fun watching Corey squirm under Cuomo’s biased and misleading questioning regarding the Martin and Dunn trials; she contributed greatly, after all, to the rush to judgment and trial-by-publicity in the Zimmerman case. Still, Corey tried to make a valid point to Cuomo (whose partner, Kate Bolduan, increasingly sits compliantly and submissively in silence while Cuomo takes over the broadcast and crosses lines of journalistic objectivity left and right): by focusing on a few high-profile cases, media coverage distorts the public’s perception of Florida’s stand-your-ground law as well as the justice African-Americans, victims as well as those accused of crimes, receive in the courts.

Cuomo proceeded to prove Corey correct. First he falsely described the Martin case, describing it as an instance of a young black man, minding his own business, getting into a confrontation, who “wins a fight, essentially”–these were Cuomo’s exact words—gets killed for it, and his killer goes free. This would be unforgivable from a guy in a bar; it is outrageous from a news anchor. If Martin had been shot by Zimmerman after the fight had ended, as Cuomo’s false description suggests, then he would have been guilty of murder beyond question. The evidence presented at trial indicated that Zimmerman shot Martin while he was losing a fight, and when he had no way of knowing how victorious the man on top of him intended to be. That created sufficient evidence of self- defense to win Zimmerman an acquittal. Cuomo was spreading false information to fit a politically motivated false narrative. Continue reading →

Ethics Note To The Sports Media Regarding Their Coverage of Michael Sam: SHUT UP!

/ Jack Marshall / 22 Comments

Sam

Ever since University of Missouri All-American defensive end Michael Sam made the announcement that he is gay, sports writers, broadcasters and columnists have been hailing his courage, bashing his detractors, and pointing with derision to the portion of social media buzz that has revealed the nation’s ugly homophobic side. The irony is that it is the mostly positive media obsession with Sam’s status as a potential trailblazer, rather than the antigay hate-mongers, who diminish Sam’s chances of success with their every word. This is obvious, or should be, yet the articles and rants keep on coming. I have to believe that it is a case of sports journalists engaging in the ultimate hypocrisy, making themselves look fair, unbigoted and devoted to the cause of full gay inclusion in American life (all while making their deadlines) while simultaneously and knowingly undermining the athlete they claim to be supporting. They have to shut up, or Sam is doomed.

Which means, unfortunately, that Sam is doomed….and that means that this episode, rather than advancing the cause of gay athletes, will be a serious setback for them instead. Continue reading →

We Are All Dan Snyder Now

/ Jack Marshall / 74 Comments

Washington-Redskins

…and isn’t that a revolting development?

Few things infuriate me more than when unethical conduct by an individual or organization force me to side with the supporters of a position or a cause that I oppose myself. Last year, to cite the most egregious example, I found myself in the same camp with the National Rifle Association, Ted Nugent and worse when anti-gun zealots, uncritically backed by the news media, used dishonest, misleading, irrational and emotional appeals to try to pass more stringent gun ownership regulations on the wave of national horror over the Sandy Hook shooting. Indeed, the more fake statistics and shameless slippery slope arguments (“If we can save the life of only one child…”) that were aimed at guns and  law-abiding gun owners, the more I saw the wisdom of Second Amendment absolutism.

Thanks to the exorbitant and irresponsible rhetoric by the likes of Diane Feinstein, Joe Biden, Andrew Cuomo, Piers Morgan, Jim Carrey and others—Don’t tell ME what I “need” to protect my family and home; there’s a possible serial killer on the loose in my Alexandria, Virginia neighborhood at this very moment who has been randomly knocking on doors and shooting people—I no longer trust the government to make rational decisions that affect my options as a potential gun owner. Good work, guys. Before you started using kids as props, lying about the number of shootings, and sounding for all the world like a nation trying to make sure only the government could own legal weapons, I was a supporter of more stringent firearms regulations. You lost me. I am officially convinced that we may need  guns to protect ourselves against power-abusing people like you.

Now members of  Congress are trying to strong-arm Washington Redskins owner Dan Snyder into changing the name of his football team, using the power of the government to pressure him, through the National Football League, into bending to their will on a matter that is absolutely none of their business. Great. Now I have to stand shoulder to shoulder with Snyder, whom we in the Washington area know as a spoiled rich kid, a bully, an egomaniac and a meddling fool who has progressively reduced the region’s beloved football team to tragic joke.

And you should stand with him too, if you think our Bill of Rights is worth preserving. Continue reading →

Comment of the Day: “Of COURSE There’s An Unwed and Pregnant Catholic School Teacher Principle….Don’t Be Silly.”

/ Jack Marshall / 16 Comments

No irish

I encourage the long form comment here, and Ethics Alarms has many commenters who are masters of the form. I feel badly about the many longer, well thought out essays-as-comments that I do not highlight as Comments of the Day, because they represent—well, most of the time—the kind of serious thought and original expression that most blogs, even many of the best, seldom see. Length is not virtue, of course, but ethics, as this post by texagg04, reminds us, is a vital topic that often does not yield answers that are easy, simple, or permanent. The post is in response to a statement from Fred, another trenchant commenter, on the thread’s discussion of whether a school is ethically obligated to allow single and pregnant teachers, if in its view this undermines its efforts to teach certain values and life choices to the young. Fred wrote:

““Doesn’t have to take the job” is not an ethical or legal excuse if there’s a discriminatory requirement not related to doing the job. Being pregnant while teaching does have some relation to the job. Mopping while Methodist doesn’t….There’s an ethics question in whether the school lived up to their religious principles and a legal issue of arguable sex discrimination.”

Here is texagg04’s reply and the Comment of the Day, to the post, Of COURSE There’s An Unwed and Pregnant Catholic School Teacher Principle….Don’t Be Silly.:

 

Let’s start from the market aspect and contractual aspect, and disregard existing law initially…

An employer creates jobs when he senses the market demands a value the potential job can provide. I think the answer lies between two poles: Continue reading →

Of COURSE There’s An Unwed and Pregnant Catholic School Teacher Principle….Don’t Be Silly.

/ Jack Marshall / 250 Comments

pregnant nunButte Central teacher Shaela Evenson says she is planning on suing the Montana Catholic middle school that fired her for getting pregnant without the benefit of a husband. Whatever it is she is thinking (and whatever it is her lawyer is encouraging to keep thinking), it’s unethical, and I doubt the law will have much sympathy with it either.

  • She signed a contract promising “to respect the moral and religious teachings of the Catholic Church in both her professional and personal life”—a bit broad for my tastes, but this episode was pretty obviously exactly the kind of thing such a clause was designed to forbid, and nobody forced her to agree to it.

  • As Patrick Haggarty, the superintendent of Catholic schools for the diocese, said,  Evenson “made a willful decision to violate the terms of her contract.” It’s hard to argue that getting pregnant before marriage isn’t a willful decision, if she wasn’t raped.

  • Haggarty also notes, “The Catholic moral teaching is that the sacrament of marriage is a holy union between a man and a woman.” That sounds about right. Continue reading →

The Right’s Unethical, Ignorant, Un-American And Dangerous Attack On Debo Adegbile

/ Jack Marshall / 61 Comments
"How can you trust him to head the Civil Rights Division of the Justice Department? He's a Lawyer!"

“How can you trust him to head the Civil Rights Division of the Justice Department? He’s a Lawyer!”

I don’t know much about Debo Adegbile, President Obama’s choice to head the Justice Department’s Civil Rights division. I know that he could hardly be more of a disaster than the current Attorney General, Eric Holder, and that the odds are that he would have to be much better. It may be that Adegbile is superbly qualified; it may be that he isn’t qualified at all. But I do know, with 100% certainty, that his representation of a convicted cop killer to seek to overturn his conviction is completely, absolutely irrelevant to his qualifications or character, and that for conservatives, Republicans and GOP Senators in Adegbile’s confirmation hearings to argue otherwise is both irresponsible and contemptible.

I first learned of this controversy from conservative radio host Mark Levin, who can really be an ugly hypocrite at times, and this was one of those times. Levin is a distinguished lawyer and an ethical one*; I refuse to believe that he does not comprehend ABA Model Rule 1.2 (b) or its importance to his profession. It reads:

“A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.”

This principle is essential to allow, not merely the justice system but the entire rule of laws in a democracy, to function properly, and any lawyer who cynically, unethically, and dishonestly undermines it is playing with fire. “It is a move,” writes  Prof. Jonathan Turley, “that strikes at the heart of the notion of the right to counsel and due process”—-but it is much more than that. If every citizen does not have full access to the laws of the land, the ability to use them to his own benefit and protection whatever his purpose, as long as it is legal, then this is not a government by the people and for the people, but rather a government of law-manipulating specialists and experts who bend ordinary citizens to their will through the use of complex, convoluted, jargon-riddled statutes and regulations that their victims can’t possibly understand. Continue reading →

Accommodating Minority Religious Requirements vs Human Rights: Ethicist Chris MacDonald Get The Balance Right

/ Jack Marshall / 64 Comments

garyclementEthics Alarms is an unabashedly U.S.-centric ethics blog, for both practical and philosophical reasons, but mostly practical: I can’t cover all the worthy ethical issues that arise in this country, much less cover the world. Obviously useful ethics problems arise outside U.S. borders, and here was one I missed until now.

Paul Grayson, a professor at Toronto’s York University, was confronted with a male student’s request for a religious accommodation in a class assignment so that he would not be required to interact with female students in his class. The professor denied the request because, he wrote, “it infringed upon women’s right to be treated with respect and as equals.” The student accepted his decision and completed the assignment, interacting with female students as the assignment required. That did not end the tale, however. The dean of York University’s faculty of arts told Grayson that the student’s request would not have a “substantial impact” on the rest of the class, and should have been accommodated. That, in turn, prompted a national debate in  media, religious and educational forums. Some, citing Canada’s commitment to “pluralism,” felt that the student’s religious beliefs should have trumped the culture’s commitment to gender equality and non-discrimination. Continue reading →

What Do You Do With The Racist Frat House?

/ Jack Marshall / 51 Comments

Arizona frat party

Tau Kappa Epsilon fraternity at the University of Arizona decided that hosting an African-American stereotype party on Martin Luther King Day was a cool idea, and soon thereafter posted photos of the bash on various social media, showing drunk students posing like rappers,wearing baggy pants around their knees and drinking liquor out of watermelon cups.  The college community was appropriately horrified, and many are calling for the fraternity to be expelled for the incident and the students who attended the party punished. The Detroit Free Press story about the incident is headlined, “Racism or Free Speech”? This is the equivalent of a headline saying “Stupidity or Freedom of the Press?” It’s both. That’s the conundrum. Continue reading →