The Progressives’ Attacks On Shelby County v. Holder: Unethical and Ominous

How DARE the Supreme Court not defer to Congressional judgment when it knows Congress is incapable of competent decision-making!

How DARE the Supreme Court not defer to Congressional judgment when it knows Congress is incapable of competent decision-making!

After reading more of the hysterical, sneering attacks on the Supreme Court’s decision in Shelby County v. Holder, I have concluded that I initially neglected to recognize the deep bias and contempt for basic rights that underlie them. The critics have no legitimate arguments to support allowing the current formula set out in the Voting Rights Act to continue, except that they believe trampling on innocent citizens’ rights is acceptable government practice if it makes the civil rights establishment happy, and allows the myth to be perpetuated that Republicans sit up late at night trying to figure out ways of stopping blacks from voting. “It may be unconstitutional, but it works!” is the best of their claims, a pure embrace of that hallmark of corrupted ethics, the ends justify the means. Note that this is also the justification being offered by the Obama Administration for drone strikes, PRISM, and tapping the phones of reporters. This isn’t an argument but a philosophy, and one that is offensive to core American values.

The Times, no longer the premiere news source in the country but certainly the premiere Democratic Party ally masquerading as a news source, clinched it for me. In its scathing editorial condemning the decision, the only arguments it could come up with were… Continue reading

Roland Martin and the Tragedy of Racism

I'll say this: Roland was less irritating than Soledad O'Brien...

I’ll say this: Roland was less irritating than Soledad O’Brien…

CNN has been engaged in either a purge or a make-over in recent weeks, depending on one’s point of view. One of the talking heads given the gate was Roland Martin, who describes himself on his blog as “a dynamic and engaging journalist.” Upon getting the bad news, Martin, who is African-American, took a hard look at his own career and abilities, applied an objective analysis, and concluded…that CNN was racist. He told the Huffington Post:

“You have largely white male executives who are not necessarily enamored with the idea of having strong, confident minorities who say, ‘I can do thisWe deliver, but we never get the big piece, the larger salary – to be able to get from here to there.”

Martin cited as proof the fact that when he guest-hosted a show for the network, the ratings didn’t drop: “If it’s a ratings game, and we won, how is it I never got a show?”

This is the permanent handicap a legacy of racism in the U.S. culture and the workplace bestows on American blacks. Not necessarily discrimination, but the impossibility of ever knowing whether discrimination and not legitimate factors have been the reason for a career setback, a failure, or the inability to advance. It is potentially crippling if the African-American, like Martin, uses the doubts created to relieve him of the duty of honest self-assessment, and to block him from the responsible course of rededicating himself to improving his skills and marketability. Continue reading

Unfairness in the Name of Fairness: Virginia’s Unethical Golf Rules

Liberty Anderson. Too bad they wouldn’t let her try to win fairly.

Lyberty Anderson, a junior at Manchester High School in Midlothian, Virginia, and undeniably female,  won the Virginia state boys Division AAA golf championship with an eagle on the final hole to capture the 36-hole tournament by one stroke. Lyberty is a terrific golfer, having demonstrated her precocious golf talents by winning women’s tournaments before she was in high school. Nonetheless, the boy’s tournament was outrageously slanted in her favor, and against her male competitors, tainting her victory.

Lyberty won, but she didn’t play the same course as her male opponents. She was allowed to tee her drives up on the shorter women’s tee, meaning that while the boys had to play a 6,653-yard course, hers was more than 1,000 yards shorter, almost 20%.  As Washington Post sportswriter Fred Bowen pointed out, Lyberty can’t be blamed for this: she played by the rules, and played as well as anyone could ask. She now says if she competes in the boys tournament again next year, she’ll tee of from the same spot as her competitors. That shows she understands fairness. Continue reading

Ethics Quiz: Are Fake Dwarves Unethical?

Remember, Disney didn’t cast little people as the dwarfs either…he cast ink.

The advocacy group “Little People of America” is crying foul because the seven dwarves (or dwarfs, if you’re Walt Disney) in “Snow White and the Huntsman” were played not by real little people (who don’t like being called dwarves, just playing them for money) but by digitally-altered normal-sized actors.

A representative of the group told the gossip web site TMZ that the studios should be “casting people with dwarfism as characters that were specifically written to be played by little people … and other roles that would be open to people of short stature.”

Your Ethics Quiz of the Day: Do movie makers have an obligation to cast small people in small people’s roles? Is it unethical to use special effects to do avoid casting them? Continue reading

Ethics Round-Up in Race, Religion and Sex: GOP Bigotry, Georgetown’s Integrity, and Warren’s Absurdity

Help! I’m buried in great ethics stories!

This is one of those periods in which there are so many juicy ethics stories that I am falling far behind. Here are three that are worthy of longer treatment that I can’t allow to get lost in the crowd: Continue reading

Elizabeth Warren and an Affirmative Action Flashback

Over at Popehat, Patrick, the more flamboyant of the libertarian performance artists who blog there, has erected a harsh condemnation of Elizabeth Warren’s attenuated Native American pose, as well as her subsequent defense of it. A sample:

“The truth about Elizabeth Warren is that, when she chose to call herself a Cherokee Indian, she failed to consider that she might one day be called on her claims. The truth about Elizabeth Warren is that her decision to call herself a Cherokee Indian, at a time when she thought no one would ever call her on her claim, was more revealing of her character than all of her actions since becoming a politician in the spotlight. The truth about Elizabeth Warren is that she will lie about her background for professional advantage when she thinks that she can get away with it. The truth about Elizabeth Warren is that it is only now dawning on her that lying about one’s race in order to gain affirmative action benefits is considered, by many, to be no different from lying about one’s college diploma, or lying about winning the Congressional Medal of Honor. The truth about Elizabeth Warren is that she is no more deserving of a seat in the United States Senate than she is of a seat on the Cherokee Nation’s tribal council.”

I more or less agree with Patrick on all points, and the criticism of his post from commenters has reinforced that conclusion. For the most part, their protests boil down to “but she’s a liberal/Democrat/ ally of the 99% and running against a Republican, and that’s what matters, not her character!” If it hasn’t already become obvious, the official position of Ethics Alarms is that if the public chose its elected officials on the basis of demonstrated virtues like  integrity, courage, honesty, fairness and responsibility rather than partisan affiliation, single issues and official policy positions, the nation would be far better served. Patrick’s post, however, following on the heels of my own, also sparked a flashback to a conversation I had almost 40 years ago, when I was working in the administration of Georgetown Law Center. Continue reading

Ethics Quiz: Elizabeth Warren’s Native American Ancestry

Remember that old Cher song, “1/32 Breed”?

If Scott Brown wins re-election as a Republican Senator from Massachusetts this fall, he will go on record as one of the luckiest political candidates since, well, Barack Obama. Brown won an upset victory in the special election in 2009 (any time a Republican wins in my home state, it’s an upset) in part because his inept Democratic opponent, Martha Coakley, showed herself to be unforgivably ignorant on the one topic most state residents really care about—the Boston Red Sox. Now he has the latest contender for his job, Harvard professor Elizabeth Warren, on the ropes because of her own self-inflicted wound, Warren’s dubious claim of minority status as a Native American between 1986 and 1995.

Warren listed herself as part Native American in the Association of American Law Schools desk book, she says, in the hope of meeting others in her field with similar backgrounds. She did not, she insists, do so to gain any professional edge. Yet in 1992 she was hired to teach at Harvard, and when she became a permanent faculty member in 1995, Warren dropped the minority claim from her profile in the directory. Harvard, meanwhile, began counting Warren as a Native American in its diversity statistics, just as her previous employers had at the University of Texas and the University of Pennsylvania. Whatever her intent may have been, a former chair of the AALS confirms that minority listings in the organization’s directory were used in hiring decisions by members.“In the old days before the internet, you’d pull out the AALS directory and look up people. There are schools that if they were looking for a minority faculty member, would go to that list and might say, ‘I didn’t know Elizabeth Warren was a minority, ” George Mason University Law professor David Bernstein, a former chairman of the American Association of Law Schools, has told reporters. Continue reading

A Worm In The Culture: Warped Competition Ethics

I'm sorry, Serena, but you're just too good to be on the tennis team. We've decided that you should be on the chess team.

It is difficult for me to comprehend the kind of thought processes that Southampton (New York) High School to ban student Keeling Pilaro, the only boy on  the school’s field hockey team, from playing this season because he is too good at the game, which he learned as a child in Ireland.  I do know their logic is unethical, un-American, and unfair, at least as unfair ought to be defined in the land of the free and the home of the brave.

“They told me I wasn’t allowed to play because I had advanced skills that I learned in Ireland,” Keeling told  local TV reporters. “They told me because I have an ‘adverse effect,’ but they didn’t even explain what the adverse effect was, so that’s what I’m kind of confused about.”
The executive director of the Suffolk County field hockey organization told the local Fox affiliate that the boy was being banned because field hockey “is a girl’s sport.” “When a boy plays,” he explained, “it leads the way for other male players to come in and take over. “[Keeling is] having a significant adverse effect on some of his opposing female players. The rules state he would be allowed to play if he wasn’t the dominant player.”

“Adverse effect,” in field hockey-speak, apparently means an unfair physical advantage, danger to opponents,  keeping a girl from getting more playing time or taking away from a female’s ability to garner postseason awards.

Ah. So we’re talking about discrimination, then, are we? Just so we have our terms straight.

If the woman’s movement has integrity, and it often doesn’t, we would see women protesting this indefensible treatment of the sole male player on a female team. The only field hockey team in the school is the girl’s team: Keeling, by the same principles of fairness and equal opportunity that have been enforced to allow girls to try out for boy’s wrestling, football and baseball teams in high schools and colleges around the country if they have the skills to make the team, should have every right to play on the only field hockey team there is, and not be penalized for his superior skills. Have authorities ever kicked a girl off a field because she was too fast, too strong, too skilled, too good? Would they? I certainly hope not.

Imagine if Ted Williams, LeBron James, Joe Montana, Bobby Orr and Serena Williams had been kicked off their high school teams because they dominated. What kind of Maoist, mediocrity-rewarding, excellence-stifling values is Southampton High trying to infect the nation with by penalizing high performance and achievement? Apparently they don’t understand the nature of competition, which is a serious handicap for a school, and a malady that should not be passed on to a single student. The outstanding competitors make every other player better, unless a player doesn’t want to make the effort, doesn’t have the character to accept that one doesn’t have to win to achieve something important in a contest, or is playing for the wrong reasons. I remember that I was once admonished by a stage director of an amateur production that I was too skilful and experienced for the rest of the cast, and was making them look bad. I was aghast then, and that conversation makes me angry even now, decades later. “Tell them how to be better, then, ” I told her. “Because I’m sure not going to try to do any less than my best.”

We have to decide if we’re really serious about gender equality or not. Keeling is not bigger than the girls on his team, and he doesn’t have a beard and 18 inch biceps. There are two things different about him, and two things only: he is really good, and he has male genitals. I thought the lesson of the women’s movement was that one’s genitals shouldn’t matter, that what mattered was whether you could do the job. Or does that rule only apply to female genitals?

I can certainly understand, if not the logic that is stopping Keeling Pilaro from playing the sport he loves, where the seeds of such illogical logic come from. The seeds come from the bizarre regulations that allow women to be firefighters with upper body strength that would disqualify male recruits, and female soldiers to be certified as combat ready without having to meet the same requirements as a male soldier. They come from affirmative action. When equality doesn’t mean equality in our nation’s increasingly warped, discrimination-is-fairness culture created by regulators, activists and bureaucrats, “Through the Looking Glass” decisions like this one, telling a player he’s too good to be eligible for the team, can begin to make sense.

It doesn’t make sense. It’s not fair, it’s not healthy, and if one applies Kant’s Rule of Universality to it, we end up with a nation of gray, where, as the old Chinese proverb cautions, “the protruding nail will he hammered down.” No more Babe Ruths, no Dana Torreses; no David Beckhams, no Michael Jordans, no Carl Lewises, no Muhammad Alis, no Tiger Woods. And also, as this infection spreads, no Meryl Streeps, Thomas Jeffersons, Thomas Edisons, Eugene O’Neils, or Barbra Streisands. After all, we mustn’t make the less talented and accomplished look bad, feel bad, or make them have to aim higher and work harder to achieve their dreams. It’s wrong to excel. It has an “adverse effect” on those who can’t or won’t.

We all have a stake in whether Keeling Pilaro gets to play field hockey this fall.

Diversity Ethics: “The Ethicist” vs. The Diversity Bullies

Here you are, Ariel—the perfect, diverse, five-person panel!

Ariel Kaminer, the New York Times’ author of “The Ethicist” column, is being pummeled by criticism by people other than me, for a change. Her offense? Let one of the critics, Kathleen Geier of the Washington Monthly, speak for herself:

“Ethicist columnist Ariel Kaminer has announced a contest inviting omnivores to write essays about why it is ethical to eat meat. The problem? The panel of luminaries she’s selected to judge the contest are ethicists Peter Singer and Andrew Light, food writers Michael Pollan and Mark Bittman, and novelist Jonathan Safer Foer. All, as you may notice, white dudes…for heaven’s sake, by now it should be second nature for every single person who’s in the position of hiring someone, or putting together a panel or committee, to make an effort to include women and people of color whenever possible. That’s just basic human decency.”

Then we have bioethicist Francis Keisling, who weighed in with an indignant protest to the Times ombudsman, writing in part,

“…Finally, what would we expect from the Times and its columnists and editors when a mistake is pointed out in plenty of time for it to be corrected? Does having a column in the Times mean never having to say you are sorry? Ms Kaminer knew no women of comparable stature to the men she chose. She has been clearly shown she was wrong and names provided. All she needed to do was to say woops, let me add three of four women, people of color etc. It would also seem something editors should step in and make happen.”

Welcome, Ariel, to the world of the diversity bullies! Continue reading

My Theatrical Ethics Dilemma: Integrity or Fairness?

It doesn’t come up here often, but I am the artistic director for a professional regional theater company. It is dedicated to producing 20th Century stage works of artistic and historical value that other, more commercial (sensible?) companies wouldn’t touch with a ten-foot pole. Every now and again I find a play that is especially risky, challenging, and rich in theatrical possibilities, and those are the ones I direct myself.

This summer, I will be directing such a production, a harrowing recreation of Depression era dance marathons called “Marathon 33.” It was written by the fascinating June Havoc, Gypsy Rose Lee’s sister who became a Hollywood star and who is perhaps best known as the irritating “Baby June,” the  blonde and perpetually juvenile vaudeville headliner in the musical “Gypsy.” Havoc survived the Depression by competing in dance marathons during the Thirties, and wrote two autobiographies about these terrible spectacles, in which desperate couples would stay on their feet for thousands of hours for food and the promise of a cash prize, as more fortunate Americans paid to see who would drop first.

The show, at least as I and my artistic collaborators envision it, involves recreating dance marathons as accurately as possible, down to the smallest detail. The audience for the show will be immersed in the action as if it were the heartless mob that cheered the real dancers on, and we will avoid anachronisms of any kind. And yet, as I prepare to cast the show after a wonderfully productive round of auditions, I face an ethical conflict. Several of the strongest candidates for dance contestants are African-American, and there were no black competitors in the real contests. Even if there had been, mixed-race couples would not have been tolerated, especially in Virginia, where we are setting the show. Yet if I cast the best actors available without reference to race, I will have both. Continue reading