U.S. Society

Instant Ethics Train Wreck: The Alabama Gay Marriage Stand-off

/ Jack Marshall / 54 Comments
What does Dred Scott have to do with the Alabama gay marriage mess? Absolutely nothing.

What does Dred Scott have to do with the Alabama gay marriage mess? Absolutely nothing.

This summer, the Supreme Court will again take up the issue of the Constitutionality of state gay marriage bans, having left the question open (why, I don’t know) after striking down the Defense of Marriage Act in 2013. Since that ruling, the states have been busy little bees, some passing laws banning same-sex marriage, some doing the opposite, then fighting out multiple appeals at various levels of the judicial system. Three things are certain: the cultural and legal acceptance of same-sex marriage looks unstoppable; all states need to agree on what a legal marriage is; and some faith-based same-sex marriage opponents will not give in until the last dog dies.

Beginning at the end of last week, a messy situation in Alabama involving all of these factors burst into a full-fledged ethics train wreck. The links in this post will let you immerse yourself in the mess if you choose: I’m going to try to be clear. Here is what has transpired so far:

1) A federal judge, District Court Judge Callie V. Granade,  struck down the state’s ban  on same-sex marriages in January and said that Alabama could start issuing licenses last week unless the U.S. Supreme Court stepped in and stayed her order. A stay was immediately requested by the Alabama Attorney General, who properly defended the state’s law.

2.) The 11th Circuit Court of Appeals refused to step in and stop her order from going into effect.

3) The U.S. Supreme Court also refused the stay request, allowing marriages to proceed in Alabama.

4) Roy Moore, chief justice of the Alabama Supreme Court, reminded everyone that probate judges report to him, not the federal judge and not the Attorney General, and do not have to issue marriage licenses to gay couples until he tells them to. He told them not to.

5) Some Alabama probate judges followed Moore, and some went ahead and issued the licenses. Mass confusion reigned.

6) Meanwhile, the refusal of the U.S. Supreme Court to issue a stay pending its ruling on state same-sex marriage laws later this year was widely interpreted as tantamount to SCOTUS deciding the case before it was even argued.

7) Justice Clarence Thomas, in a dissent from the  majority’s rejection of the stay (we don’t know what the vote break was), argued that “This acquiescence may well be seen as a signal of the Court’s intended resolution of that question. This is not the proper way to discharge our . . . responsibilities.”

8) Justice Ruth Bader Ginsberg, meanwhile, appeared to endorse gay marriage in an interview.

9) Attempting to break the impasse, U.S. District Judge Callie V.S. Granade ordered Mobile County, Alabama to start issuing marriage licenses to same-sex couples, paving the way for resistant officials across the state to follow suit, in a decision stating that the state’s ban on same-sex marriage had been struck down and that ­Mobile County’s probate judge had to adhere to that decision.

10) Chief Justice Moore remains unmoved, but now most of the probate judges are following the federal order.

Got that?

Good, now you can explain it to me.

What a mess.

Here are the ethics verdicts on the participants so far: Continue reading →

I Can’t Wait To Find Out If Craig Hicks Was Just A Murderer Who Killed Three Innocent Neighbors Over A Parking Space, Or A Bigoted Murderer Who Killed Them Because They Were Muslims.

/ Jack Marshall / 71 Comments
"EXTREMIST!"

“EXTREMIST!”

I am sitting here, drinking coffee and trying to wake up, and listening to CNN go on ad nauseum about the FBI investigation into whether Craig Hicks’ murder spree is a “hate crime.” No, I personally think he shot his neighbors because at that moment he was overcome with affection.

Sure, it’s important to know the motive for any murder. The “hate crime” scar on our laws, however, is creeping government thought control. After all, the law adds penalties to the punishment for a proven crime according to what the criminal was thinking, and nothing else. That’s thought-crime, by definition. The point is and was —-and this is another gift to the culture from the increasingly fascist-tending American Left, which wants to make it impossible (or painful) not to think as good people (you know, them) think—to use such prosecutions to send the message that it’s not just wrong to be prejudiced, it’s illegal and evil, and those who hold such views must be removed from society like tumors. Thus we are subjected to the interminable blathering that just finished on CNN about what the FBI’s examination of Hicks’ completely legal and Constitutionally protected writings and statements suggested about whether his thoughts should put him in jail for a few more years or decades. The message is unambiguous. Carol’s guest, a human rights expert, explained that Hicks’ act was a hate crime if any part of his motive was hateful.

Boy, Jesus was really ahead of his time: no wonder he warned us to love our enemies. It makes it safer to kill them. Continue reading →

The Eternal Ethics Conflict: Drawing Lines, Enforcing Them

/ Jack Marshall / 70 Comments

cross-the-line

Yesterday traffic caused me to arrive a bit later than usual at my monthly gig as the instructor in the legal ethics portion of the D.C. Bar’s mandatory orientation session for new admittees. It was after 9 AM (my segment starts at 9:20), and as I approached the glass doors to the lecture hall lobby, I saw a distraught women angrily berating one of the D.C. Bar staff. I knew instantly what was going on.

You see, the courts approving the program insist that every attendee be there at the start: the doors close at 9, and anyone arriving late, no matter what the reason, is out of luck. They can’t attend the session, can’t get credit for it, and have to return the following month. That rule is on the website and in all communications with the Bar, along with the warning that there are no exceptions, and no effective excuses. Every month, someone misses the deadline; every month, that person goes ballistic. This women, however, was remarkable.

She had flown to D.C. on the redeye, she said. Her cab was stuck in traffic, and when she arrived in the cavernous Reagan Building where the day-long course takes place, she had ten minutes to spare. Unfortunately, the Reagan Building eats people. I have wandered its halls lost many times. I keep expecting to encounter a bearded, Ben Gunn-like figure who grabs my pant leg and jabbers about how he’s been trapped by the bewildering signage, and has been living off of Cub Scouts since 1992. The woman made it to the right hall in just 12 minutes, which is impressive without a GPS. But she was still two minutes late. Continue reading →

Why Our Children Will Grow Up To Be Cheats and Liars: The Little League Champs Are Banned For Cheating, And Are Told That They Should Be Proud Anyway

/ Jack Marshall / 21 Comments

Littel League champs

When the Tom Brady/ Bill Belichick/New England Patriots cheating issue was at high pitch [Aside: Notice how we have heard nothing about this at all since the Super Bowl, which the Patriots won. This is why NBC thinks it will get away with not firing Brian Williams…both the news media and the public have the attention span of closed head injury victims, especially when it comes to liars, cheaters and betrayal. They call this phenomenon “America’s belief in redemption.” It is actually is a product of America’s crippling domination by chumps, dolts, suckers….and people who are liars and cheats themselves.], a friend of mine brushed it all off saying, “It’s a game.” Well, children learn a lot about ethics from games, and if they learn that adults think cheating is acceptable (never mind that a billion dollar business is hardly just a “game”), they will cheat in their games, and later in life.

Today we learn that the inspiring 2014 Little League Champions, the Jackie Robinson West team that was the first all-African-American team to win the tournament, has been stripped of all of its wins, including those from its Great Lakes Regional and United States championships. As a result, the United States championship has been awarded to Mountain Ridge Little League from Las Vegas.

A Little League investigation revealed that the Jackie Robinson team, which was supposed to field a team exclusively from the Chicago South Side, secretly used an expanded boundary map. Team officials conspired with neighboring Little League districts  to build what was essentially an all-star team by acquiring players from well beyond the South Side. Continue reading →

Brian Williams’ Suspension

/ Jack Marshall / 19 Comments

smoke-n-mirror

Nope.

This is smoke and mirrors.

From Politico:

“NBC Nightly News anchor Brian Williams has been suspended for six months without pay following his false claims about an experience he had during the Iraq war, NBC News president Deborah Turness announced Tuesday night.”

Observations:

1.  An untrustworthy anchorman does not turn into a trustworthy one because he hasn’t worked for 6 months.

2. NBC apparently thinks, or hopes the public will think, that the issue is punishing Williams. Undoubtedly, there are (ethically obtuse, ignorant) people who think this way, but the issue is trust. Williams has shown, by lying to the public for more than a decade about his Iraq experience and probably more, that he cannot be trusted to do what his job requires: truthfully and reliably telling the public what happens in the world.

3. That an organization allegedly dedicated to broadcast journalism doesn’t understand that, or worse, does understand it and will retain an untrustworthy anchor anyway because he might still be profitable—after the heat is off, that is—is an indictment of that organization’s lack of courage, integrity, honesty, professionalism, and respect for its audience.

4. NBC says that its investigation of Williams will continue. I think it is possible, even likely, that he will not return. That means that this half-measure’s main result may be to mark NBC as a cynical, venal organization for which journalism is neither a calling nor a profession, but a sham and a profit center.

5. We will see if NBC’s audience is as gullible, foolish, and easily manipulated as this action suggests the network believes it is. If viewers just return to Williams like sheep, it is difficult to see why any news organization would value honesty and integrity, since its market doesn’t.

UPDATES (2/11)…

From Althouse:“I guess they want to see if we’ll forget why he left and start wondering why he’s gone, so they can bring him back. That’s all very lame and pathetic, and I don’t watch the nightly news, so there’s a limit to my outrage about NBC’s wan interest in the truth.”

From Ruth Marcus (WaPo): “Some discussion of Williams’s fate has involved his central role at NBC and whether the network could “afford” to lose its most recognizable franchise. This is the network version of “too big to fail” — that Williams is too important to can. I see it the opposite way: Williams’s elevated status subjects him to a higher standard of behavior, and more rigorous consequences. The face of NBC News cannot afford to be so scarred.”

 

Big Lies Die Hard

/ Jack Marshall / 228 Comments
No, this was no way to pick a President..

No, this was no way to pick a President..

It is clear after nearly 15 years that bitter Democrats will always believe that the 2000 Presidential election was “stolen,” just as the losing parties in 1824, 1876 and 1988 claimed those elections were stolen. (In 1876, the election was stolen.) But as the cliche goes, while they have a right to their opinion, they do not have a right to their own facts. I understand why Democrats flogged this myth during the first term of the Bush Presidency—it was irresponsible, dishonest and divisive, and helped make political discourse the vile swill it is today, but I understand it. However, history should not be permanently warped by strategic lies.

The 2000 Election Big Lie turned up again today, in an indignant letter to the Washington Post. George Will had written a column condemning third party Presidential candidates for warping elections, using Ralph Nader’s quixotic 2000 run as an example and claiming that Nader cost Gore the White House. Will was wrong. Nader ran on his usual “pox on both parties” platform, and nobody knows how his voters would have split if he hadn’t run, or how many of them would have voted at all. Nader’s lawyer, Oliver Hall, protested against Will’s analysis in a letter to the editor, properly pointing out that a chaos-theory illustrating confluence of factors led to Gore’s narrow electoral college loss, not the least of which was that Gore was an inept candidate. (The person most responsible for Gore’s defeat, of course, was Bill Clinton.)

That correct interpretation, however, runs counter to the Big Lie, so partisan reader Bill Yue reiterated it today. His letter claimed that “the removal of any one of those elements ” mentioned by Hall would “likely have put Gore in the White House,” “for example, if the Supreme Court had allowed the recount to continue.” Continue reading →

Verizon Joins The Effort To Coarsen The Culture

/ Jack Marshall / 15 Comments

When did the writers of advertising copy decide that catch phrases devised to sound like vulgar slang are appealing devices to sell services or merchandise? If you are so devoid of wit and civility that you find Verizon’s new campaign hilarious, Sponge Bob is over your head. Oscar Wilde this isn’t. What it is is one more gratuitous coarsening feature of the public square and common discourse. Now we are teaching children that it’s cool to speak rudely, as long as you pretend that you aren’t intending to. Look! The grown-ups are doing it!

It’s an insult. It’s an insult to the target audience that is supposed to clap like seals at a play on words that would have rejected by the most desperate night club comedian 20 years ago. It’s an insult to the craft of marketing, to which this is what farting on key is to singing. Most of all, it’s an insult to society, the culture, and the United States of America. No wonder Muslims think our way of life is disgusting. It is.

I couldn’t bring myself to post on K-Mart’s abysmal “ship my pants” ad in 2013; I thought it was an aberration. OK, I hoped it was an aberration. Now comes Verizon to sell its FIOS by having actors complain that their internet is half-fast. Half-fast, get it? GET IT???

I’m not offended by the phrase—heck, I scream things ten times as ugly at my computer every day. No, I’m offended that there not only is no respect for others in public discourse, the entire idea that there should be is considered old-fashioned. This began with badly raised kids spouting obscenities in movie theaters, then began metastasizing as TV comedians, Vice-Presidents, Oscar-winning actresses, rock stars and others lacked the inhibitions to keep them from whispering, speaking or shouting obscenities into open mics, and now has gone mainstream. Fortune 500 companies run by Harvard Business School grads believe that promoting their business with coded vulgarity is cute and responsible. Well, it isn’t. It just makes the world we live in a little uglier, and it’s more than ugly enough.

No More And The Ethics Of Awareness

/ Jack Marshall / 14 Comments

NO-MORE-MUG-11ozI was aware of the flimsiness of No More, the NFL’s designated mouth piece to show that it cares about domestic violence, when I recently reviewed the Super Bowl ads. It wasn’t the place to raise the issue, but now Deadspin writer Diana Moskovitz had done so in explosive fashion, in a piece called “No More, The NFL’s Domestic Violence Partner, Is A Sham.”

I think “sham” is a bit harsh, but her point is well-taken: the organization doesn’t really do anything to stop domestic violence. Its sole goal is to raise awareness of the problem by creating a “brand” that can be plastered on t-shirts, coffee mugs, mouse pads, stickers and tote bags. Oh—there’s also a pledge you can take. That’s about it. If you expected that the organization giving us the frightening ad featuring the terrified woman calling 911 was more than this, I guess “sham” may be fair. “Scam” may even be fair.

As Moslkovitz explains with barely restrained anger, No More is all about PR and feeling virtuous. It was inspired by the AIDS ribbons, which in turn were inspired by the yellow ribbons people wore to show support for the Iranian hostages in 1979, which in turn were inspired by…a Tony Orlando and Dawn song. As with Michelle Obama’s hashtag appeal to brutal Nigerian terrorists, none of these symbolic efforts are substantive, but they do make the good, caring people who perform them feel like they are solving a problem. Of course, they aren’t. Moskovitz:

“You know why they are doing this? Because it works. Because it makes money. Because we love pretending to care, especially when a brand makes it easier for us to do by removing all the pain, horror, darkness, and self-reflection and turning concern for others into products—preferably ones that can be worn. Do those teenage boys wearing “I Heart Boobies” really care about breast cancer? Probably not, but at least they’re thinking about it, right? And even if they don’t think about it, they generated money (a nickel on the dollar, maybe, but better than nothing) for a good cause!

This is how low our standards are. Gesture toward a good cause and you’re practically unassailable. No More gave Goodell and the NFL a cheap and perfect way out of a public relations disaster and we shouldn’t be surprised. We do the exact same thing every day when we throw on our Toms, our pink baseball hats, and our latest rubber bracelet of choice, shopping our way into another day with pure hearts and clean consciences.”

Continue reading →

It Serves Me Right: I Don’t Watch The Super Bowl To Avoid Supporting The NFL As It Cripples Young Men, And Miss A Player Pretending To Poop A Football…

/ Jack Marshall / 35 Comments

doug-baldwin

Did you and your kids miss the magic moment in the Super Bowl when Seattle’s Doug Baldwin celebrated a touchdown by miming the act of crapping out a football? You may have, because the broadcast’s director, undoubtedly primed for Seattle’s various crotch-grabbing antics—this is the biggest family TV event of the year, don’t you know—was on the alert for something ugly and snapped his cameras away.

But Baldwin still did it, and everyone in the stadium saw it. There was a penalty, and now Baldwin has been fined $11,000, the equivalent of a jay-walking ticket, the smallest fine for on-field misbehavior there is in the NFL. I tried to imagine, as a baseball fan, what would have happened in the World Series if, say, Pablo Sandoval had pretended to poop on home plate after scoring a key run. My guess is that he would have been thrown out of the game, suspended, fined, and instantly reduced his value as a free agent by 30% or more. Last season, Jonathan Papelbon, a moron, grabbed his crotch the way Seahawk Marshawn Lynch has been doing all season as he left a regular season game, was ejected, and suffered a wave of columns condemning him. How many columns have you read about Baldwin? See, the culture of football, and the standards of its fans, are so abysmal that a player embarrassing the league, the game, his team and the broadcast, not to mention parents watching the game with their children by pretending to poop out a football isn’t even a big deal now. After all, he didn’t cold-cock his girl-friend, beat a four-year old, murder someone, try to use doctored balls or deceive people into liquifying their brains: what’s the big deal? Continue reading →

Comment of the Day: “Someone Explain To Senator Tillis That It’s Unethical To Make People Sick On Principle”

/ Jack Marshall / 25 Comments

hand-washing

Refusing to rest on his laurels, recently crowned Ethics Alarms “Commenter of the Year” texagg04 delivers a helpful, clarifying, erudite examination of the balancing process brought into play with the regulation of businesses for health and safety reasons. Here is his Comment of the Day on the post “Someone Explain To Senator Tillis That It’s Unethical To Make People Sick On Principle”:

Let’s unpackage this.

Purchasing Products and Services

When we buy a product or service, we don’t just buy the end result. We buy a long string of tasks leading up to that final product and sometimes we buy even more things than just the final product*. In this instance, that doesn’t just mean the food on your plate, as tasks, upon deep consideration are actually HUMONGOUS things that are composed of the Time necessary to complete, Material either used up in preparation or as a component of the end item, Personnel Knowledge needed to perform, Equipment which facilitates, and Space needed to complete the task.. You don’t purchase just the food. You purchase the time and care EACH employee puts into the process. From Day 1, you purchase the time a procurer makes a deal with a vendor OR personally hand selects the ingredients of your meal. You purchase the time and quality of the food storage in the pantry/refrigerator. You purchase the chef’s level of knowledge. You purchase the time he devotes to ensuring the burners are a certain temperature. You purchase the manager’s level of knowledge in keeping things efficient and cost effective. You purchase EACH AND EVERY action the server takes that could affect the final, tangible product or service. Continue reading →