discrimination

Yes Julea,You Have A Right To Your Beliefs; You Just Don’t Have A Right To A Job That Your Beliefs Won’t Let You Do. Why Is This Not Obvious?

/ Jack Marshall / 8 Comments

There are some issues where conservatives are just ethically, logically and legally misguided, and the issue of exercising “religious conscience” in the course of performing specific duties and services is one of them.

Julea Ward was dismissed for failing to meet the requirements of her course when she  refused to counsel a gay student while studying counseling at Eastern Michigan University. Ward later sued, saying that she told her supervisor at EMU she believes homosexuality is immoral and being gay is a choice, and that she could not in good conscience counsel a gay client. A federal court dismissed the case in July, but Ward’s lawyers have asked the U.S. Court of Appeals for the Sixth District to step in. She claims that her right to worship as she pleases is being infringed. Continue reading →

Ethics Dunce: Rep. Dennis Kucinich

/ Jack Marshall / 33 Comments

Muslim women, in ethical garb

During last week’s hearings on the alleged radicalization of Muslim-Americans, Congressman Dennis Kucinich, protesting that the hearings were an example of prosecution and bigotry, said:

“Islam is a religion based upon peace, goodwill and the ethical treatment of all people on this planet.”

Politics involves advocacy, and zealous advocacy sometimes metastasizes into exaggerations, overstatements, and lies. Determined governors are called dictators and criminals; those questioning global warming models are compared to Holocaust deniers. Believing that an attack on an enemy nation is in the best interests of America, leaders who should be saying, “We have good reason to believe that this nation has weapons of mass destruction and is inclined to use them,” say instead, “We know where the weapons are and the threat is imminent.” Other leaders who are trying to get important health care reforms passed say, “Don’t worry—if you like your current plan, you’ll be able to keep it!”, neglecting to add the caveat that that plan you like may be forced out of existence if the bill is passed.

These excesses range from deceitful to outright lying, but they are all unethical, all disrespectful of the truth and the public that has a right to it, all aimed at manipulating public opinion with falsity.

I find Kucinich’s statement especially indefensible, because the degree of his presumably misstatement of the truth was completely unnecessary if his motives were good. Continue reading →

Ethics Dunce: The Delaware State Human Relations Commission, et al.

/ Jack Marshall / 11 Comments

Justice finally prevailed in a disturbing Delaware case that took hyper-sensitivity to racial bias to absurd extremes. You can read the court opinion here. In essence, the Delaware State Human Relations Commission found that a theater manager who supplemented an on-screen request for patrons to turn off their cell phones, not talk during the film and not mill around in the theater with his personal announcement to the same effect was engaged in racial discrimination, because most of the audience was black and some felt that his tone was condescending. Continue reading →

Ethics Quote of the Week: Ex-Con John Collins

/ Jack Marshall / 12 Comments

Charlie made a different kind of mistake, too!

“We’re people, we’re not monsters. We’ve just made a different type of mistake than someone else.”

— 34-year-old John Collins, who announced his support for a provision being pushed forward by the Seattle Office For Human Rights, which believes that convicted criminals should be made a protected class.

Collins sure made a different kind of mistake, all right. He served four years in prison for drugging and raping his estranged wife. Continue reading →

The War On Gays: “Fair and Equitable” in Corpus Christi

/ Jack Marshall / 16 Comments

Some day, one hopes not too far in the future, when U.S. culture has unequivocally abandoned the ancient fear of gay human beings, when understanding, fairness and respect has banished ignorance and hate, when same sex marriages are recognized as manifestations of loyalty, commitment and love rather than perversions of nature, and when no American feels the need to hide his or her sexuality, and thus feels no compulsion to trumpet it either, we will look back on such societal embarrassments as the Flour Bluff Intermediate School District as we do now on past purveyors of child labor, forced sterilization, involuntary human experimentation, mistreatment of women, and racism, and wonder, “What was the matter with those people? How did they get that way?”

Or, come to think of it, we could ask that question right now.

Seventeen-year-old Bianca “Nikki” Peet, a senior at Flour Bluffs High School in Corpus Christi, Texas, high school senior requested the she be permitted to launch a Gay-Straight Alliance in her school. The Equal Access Act, a federal law passed in 1984, requires schools receiving federal funding to offer “fair opportunities for students to form student-led  groups, regardless of their religious, political and philosophical leanings.” If the school district was going to allow any extracurricular groups, it had to allow Nikki’s.

So it shut down all extracurricular clubs at the school. Continue reading →

The Comment of the Day: Another On “The White Male Scholarship”

/ Jack Marshall / 7 Comments

John-Baptiste Clamence reacts to yesterday’s post with a crucial point (that I happen to agree with) about the role of law in setting cultural values and societal ethics. Here is his Comment of the Day, on “The White Male Scholarship”:

“It’s a hard line to draw sometimes; the line between your right to have the wrong opinion, and how much the law should push you to have the right opinion.
In the UK, since 1996 it has been illegal for B&Bs to refuse rooms to gay couples. These are private businesses – should they have the right to offer their services in a discriminatory way also?

“The situation you describe is, in my view, unethical for the reason that it perpetuates the idea in society that racial discrimination for an academic award is OK. The sooner and stronger the message given by the law is, then the sooner the views of society change.

“To paraphrase Cesar Millan: Change the behaviour, change the thoughts.”

The Comment of the Day: “The White Male Scholarship”

/ Jack Marshall / 3 Comments

Tim LeVier defends the controversial white male scholarship, as well as other scholarships determined by race and gender. Here is his Comment of the Day, in response to my post, “The White Male Scholarship”:

“…This is actually a subject that I feel passionate about for exactly the reasons you state. I’ve mentioned on this blog (in the comments) before about how I feel with regards to student groups that support every student except the straight white male. What’s a guy like me to do when everyone’s at their meetings? The names of their groups suggest exclusion of others and create an unwritten rule that you should only attend if you meet the qualifications.

“With regards to student groups, I think your post would be more accurate. I think there’s more opportunity for all individuals to flourish in mixed student groups plus it spreads awareness of your “race-based” goals when you aren’t just ‘preaching to the choir.’

“However, for scholarships, surprisingly, I have to take the opposite approach. I think it’s because I believe that with scholarships, it’s about providing opportunity, whereas with student groups it’s about taking opportunity. Continue reading →

The White Male Scholarship

/ Jack Marshall / 5 Comments

Does he really need a scholarship?

Colby Bohannan, president of the Former Majority Association for Equality, has set up a scholarship program for white males. To qualify, you have to be at least a 25 percent Caucasian, have demonstrated a commitment to education, achieved at least a 3.0 grade average, show financial need, and document a positive contribution to the community. Bohannan’s official reasoning is that white males are the only group that doesn’t have a scholarship dedicated to them. He is, he says, righting an injustice. Continue reading →

The Wrestler, the Girl, and Cultural Confusion

/ Jack Marshall / 7 Comments

"Wanna wrestle?"

Sixteen-year-old high school sophomore wrestler Joel Northrup forfeited his match against a fourteen-year-old wrestler with two X chromosomes, Cassy Herkelman, at the Iowa state wrestling championships, saying that “As a matter of conscience and my faith I do not believe that it is appropriate for a boy to engage a girl in this manner.” Obviously Herkelman didn’t require protection from anyone or anything. She was her district’s 112-pound champion wrestler, and she won the Iowa championship for her class as well.  Cassie had won 20 of 33 matches, all against male wrestlers, on her way to the state championship. Maybe Northrup didn’t want to risk being ridiculed for losing to a girl; maybe he was uncomfortable with the sexual overtones of an inter-gender contest. All we can do is assess his conduct by taking him at his word: he believes a young man wrestling a young woman is morally wrong, and was willing to forfeit a match he might have won. Joel was, after all, the fifth-ranked wrestler in the state at 112 pounds, and had a 35-4 record.

Was his decision admirable, or sexist? Was it gentlemanly, or demeaning? Continue reading →

“The Strange Case of the Threatening Hypothetical”, Continued: The Verdict Is In!

/ Jack Marshall / 4 Comments

The Victim

Lawrence Connell, the Widener School of Law criminal law professor placed on administrative leave for using the school Dean in a “violent scenario” to illustrate legal principles to his class, has given a revealing and clarifying interview to the National Association of Scholars website.

This section is most relevant to his current plight, and the fairness of complaints leveled against him by some of his students. It’s also about one of my favorite topics in criminal law, attempt law, which has a significant ethical component, as you will see. But the main point of interest is that includes one of the supposedly racist, sexist, threatening hypotheticals he used.

Q: Can you give me an example of a hypothetical you might have used in class, to which the students who complained might have been referring? Can you describe the context in which you would have used it? Continue reading →