consideration

On Dress Codes, Modesty, Utilitarianism, And The Golden Rule [CORRECTED]

/ Jack Marshall / 18 Comments

 

There were a lot of ethical considerations being ignored or scuffed in a strange conflict in Utah County, Utah.  Rebecca Ortinez, a regular plasma donor to BioLife Plasma Services, was told by managers at the facillity that she could not donate and had to leave the premises because of her immodest attire. According to Ortinez, who issued a detailed account of her treatment on social media, she was told, “We have a lot of RMs [Mormon Returned Missionaries] that donate and how you’re dressed is very distracting, so you are going to have to leave.”

Ortinez added a selfie of her outfit, chosen, she said, because she expected to have to wait outdoors and it was “95 degrees in the shade”:

When she was told she had to leave, Ortinez refused and demanded that the request be put in writing, which the manager refused to do. Then the manager elaborated on her objections to Oridnez’s appearance: she informed Ordinez she was distracting because her “nipples were poking out” and added  that she should be ashamed of herself. Ortinez reacted to that by refusing to leave unless the objections were put in writing and she could see the plasma center’s dress code provisions. The managers threatened to call the police and did so, telling them that they wanted Ortinez banned for life from all Biolaife Plasma Centers

After she finally left the property and received a copy of the police report, Ortinez sent out a Facebook post “For Donors, ACLU, ACLU Utah, Fox News, KSL 5 TV, KSL Newsradio, KSL.com, KUTV 2News,” telling the tale and announcing,  “Now I’m blasting BioLife on my extensive social media platforms!”

You go girl!

Analysis: Continue reading →

From The Pandemic Ethics Lessons Files: Unicorns And Elves Do Not Constitute An Emergency

/ Jack Marshall / 4 Comments

Courts , like hospitals, are having a difficult time handling all of the matters under their jurisdiction  during the health crisis. Staffs are home-bound; judges, who are generally in a high risk demographic, are available only for true emergencies. A lawyer who claims that his or her client’s concerns qualify is asking a lot, and a spurious claim is going to regarded as irresponsible.

Art Ask Agency creates life-like images of fantasy creatures like elves and unicorns. Its lawyers asked the U.S. District Court for the Northern District of Illinois for an emergency hearing in their trademark infringement case, though the  Chicago-based federal court’s executive committee had issued an order just two days before holding “all civil litigation in abeyance.”  A court employee had also tested positive for the Wuhan virus that week, leading to the closing of its clerk’s office to the public. Continue reading →

“A Nation Of Assholes” Update From Peggy Noonan Channeling Edith Wharton

/ Jack Marshall / 21 Comments

 

Former Ronald Reagan muse Peggy Noonan, now an op-ed columnist regarded as too old (and too conservative) to even turn up as a guest on Sunday Morning TV talk shows any more, has registered an anachronistic column at the Wall Street Journal in the voice of Edith Wharton, (1862-1937), author of the Gilded Age novels “The Age of Innocence,” and others, who was the first American woman to win the Pulitzer Prize for fiction. Her, that is, their, theme is that the nation’s culture has turned rude and uncouth, and that “a great nation cannot continue in this way. Nations run in part on manners; they are the lubricant that allows the great machine to hum.”

Ethics Alarms warned that the nation risked this fate, as many of you remember, if it elected a rude and uncouth leader, Donald Trump to be specific. Noonan is simply documenting that what I said would come to pass way back in 2015, and what was, in my view, the most undeniable reason to avoid electing this President. However, as with everything else, not all of the maladies being laid at Mr. Trump’s metaphorical doorstep are his doing, nor are all of them really maladies just because they would have offended Edith Wharton.

Let’s look at “Peggy Wharton’s” indictment. In the spirit of the mind-numbingly repetitious TV game show that somehow lasted for more than one episode, let’s play “Trump or No Trump”!

Peggy commences, “Among the harassments I see you inflict on each other: Continue reading →

Let’s See How The Ethics Alarms Of Some Advice Columnists Are Doing…

/ Jack Marshall / 4 Comments

 

Well, let’s see: blog traffic is dead today, like most Sundays,, my in-progress post about the Big Lie that President Trump is a racist needs to be cut approximately in half (though it could easily be twice as long), and my current inventory is made up of either “too silly to write about,” yet more “2016 post election ethics train wreck” insanity, or  stuff that’s two complicated to handle working on half a brain, which is what I woke up with, now seems like as good a time as ever to see how the newspaper advice columnists are doing…

  • Philip Gananes (Social Q’s) advises a teenage son who is embarrassed by his mother’s “R-rated” tattoos “all over her arms and back.” The teen has asked Mom to cover up around his friends, and her reply is “if people don’t like her tattoos, that’s their problem.”  He asks the advice columnist if he is out of line.

Gananes says in part, “As an adult, she is free to make her own choices about her body and body art. You’re entitled to have feelings about her tattoos. But to ask her to hide them to save you embarrassment is like asking her to pretend to be a different person — because you’re ashamed of the one she is. That has to sting…The next time one of your pals makes a crack about your mom’s tattoos, say: “I’m not crazy about them, either. But she’s a great person and a terrific mother.” When you can say that and really mean it, Brian, you will be a terrific son.”

The Ethics Alarms verdict:

Whiff!

I was surprised that Gallanes, who is usually on target, would embrace the “that’s just who I am” rationalization. The issue isn’t tattoos, but “R rated” tattoos. “Mom, would you please not fart and belch loudly around my friends?” “That’s just who I am!  If people don’t like it, that’s their problem.”  “Mom, would you stop saying “fuck” and “cock-sucker” when my friends are here? “That’s just who I am!  If people don’t like it, that’s their problem.”  “Mom, would you stop coming on to my male friends?….Mom, would you please stop dressing in a halter top and going bare midriff with your gut hanging over your belt when my friends are here? You’re 56 years old and weigh 212!…Mom, would you please not come out to talk to my friends when you’re drunk”?

That’s just who I am!  If people don’t like it, that’s their problem.”
 Continue reading →

“Dear Abby” And The Unusual Name Paradox [Updated]

/ Jack Marshall / 42 Comments

The famous Hogg sisters, Ura and Ima.

Let’s begin with a related observation: The now widely accepted method of expressing disagreement with a point of view that varies from leftist (now, now, I use the term with love!) cant is to set out to destroy the point of view’s owner: after all, eliminate or intimidate all the dissenters and adversaries, and progressives no longer have to win  arguments on logic and merit. I know of what I speak: I am increasingly the target of social justice warriors (fascist division), who make formal complaints to my clients or administrative bodies when my ethical guidance doesn’t jibe with the world view their professors indoctrinated them with, thus precluding an open mind.

Thus I sympathize with “Dear Abby,” actually Daughter of Dear Abby Jeanne Phillips (also the niece of Ann Landers), who is now facing the progressive Twitter mob because she dared to opine that naming one’s baby Ifeoma, Bodhi or Laszlo might not be in the child’s long-term interests. “Not only can foreign names be difficult to pronounce and spell, but they can also cause a child to be teased unmercifully,” wrote Phillips. “Sometimes the name can be a problematic word in the English language. And one that sounds beautiful in a foreign language can be grating in English.”

The Horror. Now she is being called racist, and if her syndicate has the backbone and integrity of most organizations these days, which is to say none, she will probably be toast in a matter of weeks if not days. Writer Anand Giridharadas was among those interviewed for a Times story about Abby’s Outrage. “The reality is that a lot of this has to do not with names but with whiteness,” he said. “There are a lot of complicated names from Polish and Russian and Italian and German backgrounds that have become second nature to Americans.”

No, the issue is not “whiteness.” The questions in the ethical equation are…

Are you naming a child for your amusement, self-aggrandizement or political agenda, of for the child?

Is conduct consistent with cultural norms wise and respectful, or is it preferable to announce one’s defiance?

If data and experience shows that odd and unusual names create problems later in life, should responsible parents take that into consideration?

Is it fair and ethical to hang an unnecessary handicap on a child without that child’s approval?

What Phillips said is true. It’s that simple. People don’t like that it’s true, so they are condemning her. Continue reading →

Ethics Salvage, 8/9/018: Here’s Why There Were No Ethics Alarms Posts Yesterday, And More

/ Jack Marshall / 52 Comments

Good morning? What’s good about it?

My plan, as it is most days I travel, was to arrive at my destination (New Providence, NJ), check into the hotel, and spend the evening catching up on ethics posts, then get up early, compose an ethics warm-up. maybe another post r two before I lose control of the day in the onslaught of seminar-leading and more travel. It’s a good plan. Unfortunately, nothing went right. My original flight, into Newark airport, was cancelled after an hour’s delay: Newark had stopped all air traffic. I switched airlines and bought ticket to LaGuardia, where I was told that my client’s limo service could pick me up and take me to my destination.(My program was to start at 9:00 am today.) I got on the plane, we left the gate, and waited. It was storming in New York City and environs. After two more hours, the plane returned to then gate, where we were told to wait around. If things started up at LaGuardia, we were going to have to seize the moment, get on the plane and take off. Never mind: after a half hour or so, that flight was cancelled too.

Thus I ended up at the end of a line of about a hundred travelers , while a single American Airlines agent tried to handle each crisis, a process which appeared to bid fair to last until Christmas before they would get to my urgent need to be in Springfield, N.J. in time to meet up with my colleague and perform a three hour musical ethics seminar for a paying audience of over a hundred lawyers. My ProEthics partner and spouse was simultaneously coordinating with Mike, the musician, on his way to the hotel from Brooklyn, the New Jersey Bar, and the airlines, trying to develop plans B (an early morning flight from Dulles or National and a mad dash to the seminar), C (an overnight train trip), D ( driving to New Jersey), and E (hiring someone to drive me, so I didn’t fall asleep at the wheel). Cancelling was never an option: I’m a show-biz guy, and the show must go on.

For some reason an American agent came over to the back of the endless line, and said, conspiratorially, “Who wants to go to JFK?” About 2o of us eagerly followed her to another gate, and I eventually found myself on a plane to JFK—which stalled on the tarmac, because JFK had halted take-offs and landings too. After an hour or so, the pilot announced that he had “timed out” along with the rest of the crew, and that we were returning to the gate, de-planing, and would wait for a fresh pilot who was en route, assuming his plane arrived.

Well, to cut out a lot more twists and turns, eventually I got to JFK, paid $250 to have a car take me to my hotel in New Providence, and got to bed at around 4 am,  with a scheduled pick-up by a limo service to take me and Mike to the venue at 8. The limo driver got lost, incidentally. Then it was a blur of a three-hour interactive seminar (Mike, as usual, was brilliant), back to the airport, more delays, and home by about 7 pm last night. I started this post around 9, found myself unable to think, and went to bed.

My friend Tom Fuller is fond of saying that if you have no options, you have no problem. I had no options, but I do regard not being able to get posts up in a timely fashion a big problem.

I was, however thinking about multiple ethics issues that arose during my odyssey–actually, a Cyclops and some Sirens, even Scylla and Charybdis,  would have been welcome diversions from Airport Hades—and will pass some of them along now: Continue reading →

“Next Time”… Our Thanksgiving Ethics Botch

/ Jack Marshall / 11 Comments

Yesterday, faced with the prospect of a tiny Thanksgiving, which I find only reminds me of the former table-mates lost forever, and having the extra excuse of our wedding anniversary, Grace and I decided to take our increasingly otherwise occupied son and have Thanksgiving dinner at the Prime Rib, a ridiculously expensive restaurant. The meal was lovely and low stress for a holiday dinner, a feature especially welcome right now.

The restaurant was filled with family groups without kids, many in gowns and formal wear. Also filling the air was happy banter of the sort that holidays typically inspire. Over to my right, however, sat a well-dressed man in his late 60s or seventies, dining alone. I found myself thinking about him throughout the meal. What a lonely, solitary, depressing way to celebrate Thanksgiving, I thought. If I get to the state where I am so bereft of family and friends that I find myself in a five-star restaurant dining alone on Thanksgiving, just hit me over the head with cinder block. He looked a little like Alan Greenspan, and I still felt terrible for him.

After dinner, and he had left the restaurant, I mentioned all of this to my wife.

“I was thinking the same thing,” she said. “We should have invited him to join us.”

Ugh. I had considered that. But our family gets the opportunity to eat together so seldom, and this was an anniversary celebration too. My son also has a tendency to clam up around strangers, and he seemed relaxed and happy for a change. I had quickly talked myself out of even raising the possibility of inviting a fourth to our Thanksgiving/ 37th Anniversary table.

Yet of course that’s what we should have done, isn’t it? Isn’t it? Maybe the man was having a great time by himself. Maybe we would have embarrassed him. Heck, I don’t know. It’s also possible that he would have jumped at the chance. Who knows? All I do know is that I would have appreciated the offer, and will, unless someone gets behind me with the cinder block before I have the chance. It was still the kind, considerate, compassionate, ethical thing to do.

“Next time, let’s make sure we invite someone like that,” Grace said. I agreed.

Sure.

Next time.

Comment Of The Day:”Comment Of The Day: “Comment of the Day: ‘From The Law vs. Ethics File: The Discriminatory Charlotte Pride Parade’”’

/ Jack Marshall / 14 Comments

This Comment of the Day is atypical, but I want to highlight it.

It’s doesn’t really matter what the original exchange was that prompted it, or who the other commenter was. What matters to me is that a respected, smart, articulate member of the colloquy here felt denigrated and mistreated, and that her experience as a commenter was diminished as a result. There may even have been a misunderstanding  involved; right now that is not my concern either.

I allow the discourse to get very intense here at times, and I will continue to. Lines are crossed—civility, insults, epithets, outbursts, personal attacks, mockery, blatant contempt–I cross them myself on occasion. Those who thrive here are remarkable, I have found, in taking rhetorical punches to the jaw and the gut and bouncing back without rancor or reduction in passion.

Nonetheless, the Golden Rule should never be too far out of mind on an ethics site. We can all make our points without being gratuitously nasty and mean. Stinging slapdowns can be fun–I enjoy them, though I save my worst for especially annoying visitors who I don’t care to have return—but they need to be kept to a minimum. Sincere, thoughtful, honest and perceptive commenters like Mrs. Q should never feel the way this post indicates that an exchange made her feel. Ethics Alarms is designed to be challenging and contentious, but not hostile. She hasn’t commented since this was filed; I hope that she has just been busy, because Mrs. Q  has been a unique and wonderful asset since she first dropped in a few months ago.

Let’s do better.

Here is Mrs. Q’s Comment of the Day on the post, “Comment Of The Day: “Comment of the Day: ‘From The Law vs. Ethics File: The Discriminatory Charlotte Pride Parade’”

The level of disrespect you have shown me, with the snark & unwillingness to do the research yourself, tells anyone reading that there is something inside you that is either terribly unhappy or unhealthy. I cannot in good conscience continue to deal with someone who is so vengeful. You’ve proven you’re incapable of responding in a civil manner towards me when I have not insulted you in any similar way. It’s been a pattern & if you & I were in person I’d simply walk away & pray for you.

My disability makes my time precious & my family comes before internet commenting. That you would make fun of my need to prioritize my family over responding online says so much more about you than me.

I was planning on answering your questions but your last little dig is my last straw. I’m sure you’ll say I’m weak or not answering you b/c I’m scared or stupid or a TERF or whatever disparaging term you can think of & that’s fine. I won’t be goaded into your games. Continue reading →

Ethics Quiz: Never Mind Breastfeeding In Church, What About Gus the Asparagus Man?

/ Jack Marshall / 69 Comments

If churchgoers’ sensibilities regarding mothers breastfeeding during a religious service are worthy of respect and deference, what about their sensibilities regarding people dressed like vegetables?

This past Sunday, England’s Worcester Cathedral  kicked off the region’s annual Asparagus Festival with a unique ceremonial blessing. A man in a suit and tie carried a bundle of the vegetable to the front of the church, followed by a man costumed as a spear of asparagus (Gus the Asparagus Man) and someone costumed as St. George, shield and all. The cathedral’s Precentor then blessed the crop.

Many churchgoers were offended. “This is an absurd pantomime-type scene that makes a mockery of Christian worship,” said one.  A popular religious blogger asked, “Where’s the sprout liturgy, or equality for mushrooms? Would the Dean really permit a walking fungus to participate in an act of divine worship?”

Your Ethics Alarms Ethics Quiz of the Day is..

Was it unethical for the Church of England to present such a whimsical service to its unsuspecting members?

The values to consider here are trust, fairness, respect, and responsibility.

What do you think?

________________________

Pointer: Fred

Ethics Dunce: Annie Peguero, Defiant Breast-Feeding Mom

/ Jack Marshall / 122 Comments

Ah, yet another feast from the legal/ethical divide, with seasoning from the minority/majority ethics balancing dilemma, and a side-dish of favored group arrogance and entitlement! The beverage? Why breast milk, of course!

Yum!

Annie Peguero’s 19-month-old baby became unruly during the service at the Summit Church in Springfield, Virginia, so she nursed her, right there, in the church. She was quickly asked to move the operation to a private room, but Peguero refused.The church staff told her that it does not allow breast-feeding without a cover because the activity might make members of the congregation uncomfortable.

The mother of two left the church, and soon posted a livestream video on Facebook telling viewers her side of the story and urging women to stand up for breast-feeding.

“I want you to know that breast-feeding is normal,” she said.

Is it normal without any cover in a church? That church? Peeing is normal, but I wouldn’t rely on the “normal” categorization take a whiz in a pew. Farting is normal, but if I felt a big one coming, I would excuse myself. Eating is normal, but chowing down on a huge Italian sub during the hymns would be in bad taste. Sex is normal, but…well, you get the idea. Annie doesn’t.

To complicate the matter, breast-feeding is a legally protected right in Virginia thanks to badly written 2015 law that says women have a right to breast-feed anywhere they have a legal right to be. Dumb law, overly broad, and probably the result of pandering to the mommy lobby while assuming that mothers wouldn’t try to stretch the law to absurd limits. But Virginia also has a Religious Freedom Preservation Act, § 57-2.02, which says,

No government entity shall substantially burden a person’s free exercise of religion even if the burden results from a rule of general applicability unless it demonstrates that application of the burden to the person is (i) essential to further a compelling governmental interest and (ii) the least restrictive means of furthering that compelling governmental interest.

Do we really think that churches shouldn’t be allowed to have dress and decorum codes and policies? Continue reading →