Eugene Volokh

Swastika Ethics: 8 Observations On The George Washington University “Hate Crime”

/ Jack Marshall / 13 Comments

swastika

I was recently reminded about the origins of the Nazi swastika, ironically enough, during the Cincinnati funeral service of my dear friend, Georgetown classmate,  lawyer and patriot Mitchell Dale, who died last summer. Looking down during a prayer, I was startled to see the Hindu version of the symbol in a mosaic imbedded in the church floor.

Oddly, the pastor and mourners weren’t arrested.

Yet last month, an unnamed Jewish student placed a small, bronze, Indian swastika on the bulletin board of his Jewish fraternity, Zeta Beta Tau, in the university’s International House. The building had recently been the target of an unidentified vandal who drew three swastikas on the walls. After posting the swastika, the student stayed close to the bulletin board, intending to discuss it and the previous vandalism with observers. He briefly stepped away, unfortunately for him, and during that period a member of the student’s fraternity saw the swastika and called GWU’s campus police. They  filed a report and took the swastika as evidence. When the student found out the police had been called, he immediately came forward to authorities and said that he had posted the  image to spark a conversation about the ancient symbol, cultural appropriation, messages, perception…as in what used to be called “education.” He said he did not intend to offend anyone, noting in doing so that this was an Indian swastika, not a Nazi one. He had just returned from studying religion in India, and said he became fascinated by the idea that a symbol that was not one of hate could become so defined by hate.

GWU suspended the student and evicted him from university housing pending the outcome of five disciplinary charges. The university also kicked him off campus, and referred the incident to the District of Columbia police for investigation as a potential “hate crime.” He could face expulsion.

Ethics observations:

1. FIRE, Freedom for Individual Rights in Education, is on the case. Thank you, FIRE. FIRE Program Officer and attorney Ari Cohn wrote,

“GWU may not ignore thousands of years of history and effectively forbid all uses of the swastika because it was used by Nazi Germany. It’s ironic that the charges against the student illustrate the very point he was trying to make in the first place—that context is important and there’s much to be learned about the history of the swastika.”

2. Now the Hindu American Foundation is protesting as well. This is the wonderful aspect of diversity, and a warning to institutions and diversity hounds that diversity must cut in all directions, or is a sham. It is discriminatory for a university to demonize and censor an aspect of a world religion’s symbology and culture. Do you think the administrators at GW sufficiently understood this, or just didn’t care, going with what they perceived as the most powerful interest group?

3. The George Washington fiasco comes in the wake of other  colleges  responding to anti-Semitic swastika vandalism, but that shouldn’t have mattered. Continue reading →

Legal But Not Ethical: Sex With A Demented Spouse

/ Jack Marshall / 25 Comments

Rayhons

In Iowa, a jury has found longtime Iowa state lawmaker Henry Rayhons not guilty of sexually abusing his wife by having sex with her at a nursing home. A doctor had told Rayhons that she had advanced Alzheimer’s disease. and was  no longer mentally capable of consenting to sex.

At the trial, Assistant Attorney General Tyler Buller told jurors  that Donna Rayhons’ Alzheimer’s disease had worsened in the months before last May’s alleged incident of unconsented sexual intercourse by her husband. She had washed her hands in dirty toilet water, Buller said, forgotten how to eat a hamburger and thought her first husband was still alive. Dr. John Brady later testified that Donna Rayhons had severe dementia, and thus any positive reaction to her husband’s physical advances could be termed a “primal response” at best. Brady testified that Donna Rayhons’ cognitive capacity had declined dramatically in the months leading up to the alleged offense. He explained that she had been diagnosed with Alzheimer’s based on several tests, including  a standard cognitive procedure in which patients are asked simple questions. By  May, Brady said, Donna Rayhons scored a zero on that test, and any score below eight indicates severe impairment, he said.

On his blog, the Volokh Conspiracy, Prof. Eugene Volokh makes a valiant effort to justify, excuse, or perhaps be compassionate regarding a man having sex with his wife after she has forgotten who he is or even what sex is. He argues, Continue reading →

Sooner Ethics Quiz: Abuse Free Speech Rights, Or Ignore Them?

/ Jack Marshall / 63 Comments

http://www.youtube.com/watch?v=hpNeHMlJiD4

David Boren, the president of the University of Oklahoma, announced that two students would be expelled from the school for leading a racist chant that was preserved on a video and went viral on YouTube. The video shows tuxedo-clad men from the Sigma Alpha Epsilon fraternity  on a bus chanting :

There will never be a nigger at SAE
There will never be a nigger at SAE
You can hang him from a tree
But he’ll never sign with me
There will never be a nigger at SAE

Who would want to be in a house with these assholes?

 The national fraternity apologized and closed the OU chapter. That was a proper response. (Tell me again what’s good about fraternities.) First Amendment specialist Eugene Volokh, however, pointed out on his blog that the expulsion was unconstitutional:

First, racist speech is constitutionally protected, just as is expression of other contemptible ideas; and universities may not discipline students based on their speech. That has been the unanimous view of courts that have considered campus speech codes and other campus speech restrictions …The same, of course, is true for fraternity speech, racist or otherwise…Likewise, speech doesn’t lose its constitutional protection just because it refers to violence — “You can hang him from a tree,” “the capitalists will be the first ones up against the wall when the revolution comes,” “by any means necessary” with pictures of guns, “apostates from Islam should be killed.”

To be sure, in specific situations, such speech might fall within a First Amendment exception. One example is if it is likely to be perceived as a “true threat” of violence (e.g., saying “apostates from Islam will be killed” or “we’ll hang you from a tree” to a particular person who will likely perceive it as expressing the speaker’s intention to kill him); but that’s not the situation here, where the speech wouldn’t have been taken by any listener as a threat against him or her. Another is if it intended to solicit a criminal act, or to create a conspiracy to commit a criminal act, but, vile as the “hang him from a tree” is, neither of these exceptions are applicable here, either.

Hey, Oklahoma…Rodgers and Hammerstein just called. They’re officially changing the name of the musical and the song to “North Dakota!”

Your Ethics Alarms Ethics Quiz:

Which is the greater ethics breach: the students abusing their First Amendment rights, or the University of Oklahoma violating them?

Continue reading →

The Sixth Annual Ethics Alarms Awards: The Best of Ethics 2014

/ Jack Marshall / 9 Comments

abstract door grand jury room

The Ethics Alarms Awards for the Best in Ethics 2014—sorry for the tardiness— are about 30% of the length of the Worst. Does this mean that the nation and the culture, not to mention the world, are doomed?

Not necessarily. I am well aware that most of the country is ethical, substantially fair and honest, diligent, and embodies ethical values in their every day dealings with you and me, and the world. We primarily hear, and to some extent, take note of, the corrupt, the irresponsible, the manipulative, the untrustworthy and the foolish. The Best Ethics list is smaller in part because only exemplary ethics gets publicity. I also should note that calling attention to unethical conduct and discussing it often does more to advance the mission of Ethics Alarms than confirming that right is right, though I sure wish there was more exemplary ethics to celebrate. Maybe the dearth of award winners here is my fault, and the result of my biases.

Boy, I hope so.

Here are the 2014 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

The Ferguson grand jury resisted public and media pressure to deliver a verdict of no indictment against police officer Darren Wilson, upholding the integrity of the justice system despite the injection of emotion, politics and race into a tragic incident where none of these belonged. Though the available evidence could never have supported a guilty verdict, it would have been easy and popular for the grand jury to make Wilson stand trial anyway, just as George Zimmerman did. Their reward has been to be attacked as fools and racists, but they did the right thing, when the wrong thing must have seemed very attractive.

Outstanding Ethical Leadership

The New York Yankees. (Bear with me now.) The Yankees are the most famous team in professional sports in the biggest sports market in the world. They make money without even trying. Yet when the team had a bad year and missed the play-offs in 2013, it committed nearly a billion dollars to re-building the team, a move that only makes sense in the quest to win games, not to maximize profit. Thus they prominently chose loyalty, mission and sportsmanship over greed. (The Yankees still missed the play-offs in 2014, too.) Then all year long the team placed a spotlight on Derek Jeter, their retiring hero, whose career and character single-handedly refutes the cynicism of sports critics fed up with the lack of character displayed by the Armstrongs, the Rices, the ARods, the Belichicks, the Winstons, the Paternos, and so many, many others. Finally, when two New York City police officers were assassinated after Al Sharpton, and the “Hands Up!” protestors, with the city’s own mayor’s support, had vilified the profession as violent, racist and untrustworthy, who will pay for the fallen officers’ children to go to college? The New York Yankees’ Silver Shield Foundation.  Add charity, compassion, civic duty and gratitude to the list of ethics values the New Your baseball club modeled for us. I know it seems odd and even trivial to follow up last year’s winner in this category—the Pope— with a sports franchise, but to paraphrase Babe Ruth’s famous rejoinder when the Yankees balked at his salary demands in 1930, saying he wanted to be paid more than then-President Herbert Hoover (“I had a better year that Hoover!”), the Yankees has a better year than the Pope.

Outstanding Sportsmanship

Jose Altuve, Houston Astros secondbaseman and American League batting champ….the right way. He began the final day of the 2014 season hitting .340, three points ahead of the Tigers’ Victor Martinez. If Altuve didn’t play in Houston’s meaningless last game, Martinez would have to go 3-for-3 to pass him, giving the DH a narrow .3407 average compared with Altuve’s .3399. By playing, Altuve risked lowering his average, providing Martinez with a better chance of winning the batting championship. Many players in the past have sat out their final game or games to “back in” to the prize, rather than give the fans a chance to watch a head to head battle injecting some much-needed drama into the expiring season.  Altuve, however, gave Martinez his shot. He played the whole game, had two hits in his four at-bats, and won the American League batting title on the field, not on the bench, as Martinez went hitless. The conduct, simple as it was, embodied fairness, integrity, courage, respect for an opponent, and most of all, respect for the game.

Best Apology

JESSICA_URBINA

 The Level #1 apology, according to the Ethics Alarms Apology scale, issued by Sacred Heart Cathedral Prep in San Francisco.The school had cruelly and needless embarrassed graduating senior Jessica Urbina (above), rejecting her inclusion in the yearbook because she chose to be photographed in a tuxedo rather than a dress, as the school’s dress code, which had not been previously made clear, demanded. I wrote…

“The rule is sexist, archaic, unthinking, prejudicial, arbitrary, cruel and wrong. The best way to change a rule that is sexist, archaic, unthinking, prejudicial, arbitrary, cruel and wrong is to break it, and see if those in charge have the sense and compassion to do the right thing. The administrators of Sacred Heart Cathedral High School flunked. I doubt that Jessica was even trying to provoke a confrontation: like any normal student, she wanted her image in the most important piece of memorabilia of her high school years to accurately portray her as she was, not as some alien ideal dictated by the Catholic Church. There was nothing to be achieved by banning the photo.”

The school reversed itself with grace and compassion. The apology is long, but a more humble or complete one would be unachievable. It achieved an ethical end to an ugly episode. You can read it here. Runner up: Writer Henry Rollins‘ lovely and wrenching apology for his initial reaction to Robin Williams’ suicide.

Hero of the Year

Michael DeBeyer.  De Beyer has decided to sell his restaurant, which he opened more than 15 years ago and is worth an estimated  $2 million, to pay for whatever medical treatments are necessary to save the life of Brittany Mathis, 19. Brittany works for De Beyer at his Kaiserhof Restaurant and Biergarten in Montgomery, Texas, and  learned, in December 2013, that she has a 1.5 inch brain tumor.  She couldn’t afford the operation to find out whether the tumor was benign or malignant, and didn’t have health insurance. “I couldn’t live with myself; I would never be happy just earning money from my restaurant knowing that she needs help,” Michael told local reporters.

That’s what makes ethics heroes; really, really loud ethics alarms, combined with courage and caring.

Parent of the Year

NBA Star Kevin Durant’s Mom.

Most Ethical Celebrity

Matthew McConaughey. In a field notably sparse on exemplary ethics by celebrities, the 2013 Oscar winner for Best Actor stands out for a speech that was inspirational, thoughtful, and rife with ethics wisdom. It is worth recalling. Here it is:

Thank you. Thank you, thank you, thank you, thank you to the Academy for this—all 6,000 members. Thank you to the other nominees. All these performances were impeccable in my opinion. I didn’t see a false note anywhere. I want to thank Jean-Marc Vallée, our director. Want to thank Jared Leto, Jennifer Garner, who I worked with daily.

There’s a few things, about three things to my account that I need each day. One of them is something to look up to, another is something to look forward to, and another is someone to chase. Now, first off, I want to thank God. ‘Cause that’s who I look up to. He has graced my life with opportunities that I know are not of my hand or any other human hand. He has shown me that it’s a scientific fact that gratitude reciprocates. In the words of the late Charlie Laughton, who said, “When you’ve got God, you got a friend. And that friend is you.”

To my family, that who and what I look forward to. To my father who, I know he’s up there right now with a big pot of gumbo. He’s got a lemon meringue pie over there. He’s probably in his underwear. And he’s got a cold can of Miller Lite and he’s dancing right now. To you, Dad, you taught me what it means to be a man. To my mother who’s here tonight, who taught me and my two older brothers… demanded that we respect ourselves. And what we in turn learned was that we were then better able to respect others. Thank you for that, Mama. To my wife, Camila, and my kids Levi, Vida and Mr. Stone, the courage and significance you give me every day I go out the door is unparalleled. You are the four people in my life that I want to make the most proud of me. Thank you.

And to my hero. That’s who I chase. Now when I was 15 years old, I had a very important person in my life come to me and say “who’s your hero?” And I said, “I don’t know, I gotta think about that. Give me a couple of weeks.” I come back two weeks later, this person comes up and says “who’s your hero?” I said, “I thought about it. You know who it is? It’s me in 10 years.” So I turned 25. Ten years later, that same person comes to me and says, “So, are you a hero?” And I was like, “not even close. No, no, no.” She said, “Why?” I said, “Because my hero’s me at 35.” So you see every day, every week, every month and every year of my life, my hero’s always 10 years away. I’m never gonna be my hero. I’m not gonna attain that. I know I’m not, and that’s just fine with me because that keeps me with somebody to keep on chasing.

So, to any of us, whatever those things are, whatever it is we look up to, whatever it is we look forward to, and whoever it is we’re chasing, to that I say, “Amen.” To that I say, “Alright, alright, alright.” To that I say “just keep living.” Thank you.

Most Principled Politician

Thomas Menino

The late Thomas Menino, Boston’s beloved Democratic mayor for two decades (the longest in tenure in the city’s history), who retired last January and  died of cancer nine months later. Somehow I missed giving him the ethics send-off he deserved. Amazingly, he was the first Italian-American mayor in Boston’s history: the job has always been won by the city’s Irish machine. While mayors around the nation were embroiled in scandals and embarrassments, Menino undeniably improved the city, led it admirably in the aftermath of the Boston Marathon bombing in 2013, and left office with the admiration of conservatives as well as liberals despite being an aggressive agent of progressive policies.  His passion caused him to make some ethical missteps, such as joining other liberal mayors in telling Chick-Fil-A that it “wasn’t welcome” in Boston because of its owner’s anti-gay marriage sentiments. He joined Michael Bloomberg in creating Mayors Against Illegal Guns, and must share responsibility for some of the dubious tactics and misrepresentations of that organization. He also had a scandal or two involving political favors, but in 20 years, by my count, he had fewer than most Boston mayors had every year. In 2012, polls found that he had an approval rating over 80%, and left his position more popular than he entered it.  Boston is liberal, but it isn’t that liberal.

Most Ethical Company

Don’t ever let me do that again.

I just reviewed over a hundred posts about businesses and corporations from last year, and not one of them celebrated ethical conduct. The closest was, believe it or not, the Washington Redskins, for having the guts, orneriness and principles to stand against the forces of censorship and political correctness to refuse to change the name of their team and organization. It has been targeted as a symbolic scalp that race-baiters, grievance-hucksters and progressive bullies are determined to have hanging from their belts; the opponents of the team have recruited the U.S. government, and the pressure is tremendous. It would be so easy to change the name now, when support for the perpetually rotten team is at low ebb in Washington, D.C., but the principle is worth the battle. However, my gag reflex will not allow me to give this award to an NFL team, since by definition it must be engaged in so much else that is wrong.

So for a second straight year I’m going to send you to Ethisphere’s list of the most ethical companies in the world. Their criteria isn’t mine, but there’s got to be a genuinely ethical company of two on there somewhere. Let me know if you find it. Continue reading →

The Professor and the Insensitive Law School Exam Question

/ Jack Marshall / 17 Comments
"Go ahead, tell Prof. Kingsfield that his exam is unfair because it triggers your emotions and you can't think straight. I dare you."

“Go ahead, tell Prof. Kingsfield that his exam is unfair because it triggers your emotions and you can’t think straight. I dare you.”

A Constitutional Law exam at UCLA Law School included this question:

CNN News reported: On Nov. 24, St. Louis County prosecuting attorney Robert McCulloch announced in a publicized press conference that Police Officer Darren Wilson (who has since resigned) would not be indicted in the August 9 shooting of Michael Brown. Michael Brown’s stepfather, Louis Head, was with hundreds of protesters assembled outside the police station, listening on loudspeakers and car radios when they learned Officer Wilson was not being charged. Standing on the hood of a car, Mr. Head embraced Michael Brown’s mother. Mr. Head asked someone for a bullhorn but it was not passed to him. He turned to the crowd, stomped on the hood and shouted, repeatedly, “Burn this bitch down!”

Police Chief Tom Jackson told Fox “News,” “We are pursuing those comments … We can’t let Ferguson and the community die [as a result of the riots and fires following McCulloch’s announcement]. Everyone who is responsible for taking away people’s property, their livelihoods, their jobs, their businesses — every single one of them needs to be prosecuted to the fullest extent of the law.”

County Attorney Robert McCulloch asks lawyers in his office whether to seek an indictment against Head by relying on a statute forbidding breach of the peace and another prohibiting rioting (six or more persons assembling to violate laws with violence). A recent hire in the office, you are asked to write a memo discussing the relevant 1st Amendment issues in such a prosecution. Write the memo.

The question is a fair and legitimate one, and very typical of law school exams, which often ask students to apply course content to current events. Nonetheless, it provoked a controversy.

Shyrissa Dobbins, a second-year law student in the course and is chair of the Black Law Students Association, complained, “Daily I think about Michael Brown and Eric Garner, and I have a challenge. Every day I think about this injustice and how I’m in a law school that won’t even make a statement about it.” Hussain Turk, a second-year law student who took the exam, argued that  exams should not ask students to address controversial events, and that the question was unfair, as it could be more emotionally difficult for black students to answer. “These kinds of questions create a hostile learning environment for students of color, especially black students who are already disadvantaged by the institution,” Turk said.

There is only one proper rebuttal for this foolishness:

“Grow up, deal with your biases, start thinking like lawyers or find a profession you can handle.”

Pathetically, the law professor, Robert Goldstein apologized in an email in an e-mail to students, saying, “I recognize … that the recent disturbing and painful events and subsequent decisions in Ferguson and New York make this subject too raw to be an opportunity for many of you to demonstrate what you have learned in this class this year,” and promised to discount scores students receive on the question if it lowers the overall score of the student.

Law school Dean Rachel Moran added to the misplaced sensitivity-fest, and her e-mail, said…

“In retrospect, however, he understands that the question was ill-timed for the examination and could have been problematic for students given the anguish among many in our community over the grand jury decisions in the Michael Brown and Eric Garner cases.”

Observations: Continue reading →

Signature Significance Verdict: Lena Dunham Is An Awful Human Being

/ Jack Marshall / 21 Comments

 UPDATED!

Yechh.

Yechh.

If her boasting about abusing her little sister in her memoir wasn’t enough, Lena Dunham’s revealed conduct regarding “Barry” in the same tome rings the signature significance bell. No human being with a sufficient amount of decency would do something like this, even once.

In case you have not followed the latest ethics scandal involving the over-praised creator and star of HBO’s “Girls,” what occurred is this:

In one chapter of Dunham’s memoir “Not That Kind of Girl,” the feminist actress describes as factual an episode of sexual assault or rape that she says she experienced while an undergraduate at Oberlin. Her assailant was a well-known campus “Republican,” she says, a conservative whom she refers to as Barry—without the conventional quotes that would indicate a pseudonym.

There was, as it happens,  a real Oberlin college graduate from the same period named Barry, then well-known as a conservative, which then as now, is a species about as common at Oberlin as velociraptors. Besides his name and campus reputation, Barry fit some of the other details given by Dunham, such as wearing cowboy boots and sporting a flamboyant mustache. Now the 28-year-old man (the same age as Dunham)  is being tarred as a rapist, and has been forced to take down his social media accounts. He has hired a lawyer named Aaron Minc, with the help of donations from GoFundMe to help pay his legal fees, and has promised that any money he receives from the suit exceeding legal fees will go to charities assisting survivors of rape and sexual assault.

Dunham has not had the courage or decency to say anything, to or about Barry. But yesterday Random House did, in an extraordinary statement and admission: Continue reading →

Stop Labeling The Sixth Circuit’s Approval Of Gay Marriage Bans As “Right Wing”

/ Jack Marshall / 87 Comments

prop-8People who don’t (or can’t) read court decisions—and in this very large group I include most pundits and journalists—are prone to dismiss careful thought out and reasoned judicial arguments that took careful research and consideration as the product of political bias rather than what they (usually) are: sincere, honest, intelligent dissections of issues that are far more complex than advocates for opposing sides care to admit.

The Sixth Circuit just triggered an almost certain U.S. Supreme Court review of state same-sex marriage bans by upholding such bans in several states. Immediately, pro-gay marriage advocates and pundits attacked the decision as “right wing,” as if the court reached the decision from a starting point hostile to gays and homosexuality generally. The implication of this interpretation is that judges do not follow the law, legal principles and standards of jurisprudence and construction, but merely decide what result they wish to reach based on ideological and partisan biases, and then write essays of advocacy disguised as objective analysis.

The presumption is both ignorant, unfair, and convenient. It is ignorant because it assumes that the judicial profession and those in that profession ignore the primary ethical requirements of being a judge, standards that have stood unchanged and unchallenged for centuries and that every jurist swears to uphold. The first two Canons of the ABA Model Judicial Code state those standards clearly: Continue reading →

Update On “The Hitching Post,” The For-Profit Chapel Being Required To Hold Same-Sex Weddings

/ Jack Marshall / 9 Comments

Emily Litella

“Never mind!”

From NPR in Boise:

The city of Coeur d’Alene, Idaho, says the Hitching Post, a for-profit wedding chapel owned by two ministers, doesn’t have to perform same-sex marriages.The city has been embroiled in controversy ever since the owners of the Hitching Post sued the city. They say a city anti-discrimination law threatened to force them to marry same-sex couples now that gay marriage is legal in Idaho…Initially, the city said its anti-discrimination law did apply to the Hitching Post, since it is a commercial business. Earlier this week, Coeur d’Alene city attorney Mike Gridley sent a letter to the Knapps’ attorneys at the Alliance Defending Freedom saying the Hitching Post would have to become a not-for-profit to be exempt.

But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit. “After we’ve looked at this some more, we have come to the conclusion they would be exempt from our ordinance because they are a religious corporation,” Gridley explained.

…Leo Morales of the ACLU of Idaho said the exemption makes sense as long as the Hitching Post primarily performs religious ceremonies. “However, if they do non-religious ceremonies as well, they would be violating the anti-discrimination ordinance,” Morales said. “It’s the religious activity that’s being protected.”

…The group that helped create Coeur d’Alene’s anti-discrimination ordinance says the Hitching Post shouldn’t have to perform same-sex marriages. The Kootenai County Task Force on Human Relations says in a letter to the mayor and city council that the Knapps fall under the religious exemption in the law.

In other words, the result is as I said it would be, and as Professor Volokh opined that it should be.

The ethical thing, of course, would be for the Knapps to treat same sex couples as the loving human beings they are and marry them like they do any other loving couples. But when it comes to administering a religious ceremony, the State cannot force the Knapps to do what their beliefs don’t permit. Meanwhile, that’s some legal talent they are hiring in Idaho. “But Gridley said after further review, he determined the ordinance doesn’t specify non-profit or for-profit.” Upon further review? I’d think the city’s attorney would actually read the applicable statute before threatening a business and its owners without cause.

Oh, Mike? Upon further review, the Constitution doesn’t specify non-profit or for-profit either. But thanks for causing a thoroughly unnecessary controversy based on knee-jerk political correctness and sloppiness. Unless… you knew your theory was garbage all along, and were trying to bluff the Knapps into doing what you felt was the right thing, and their constitutionally guaranteed rights be damned. You wouldn’t do that, would you? I hope not. It would be unethical.

 

On Forced Acceptance Of Same-Sex Marriage: The Slippery Slope Stops Here

/ Jack Marshall / 113 Comments

Hitching-Post-Idaho

Donald and Evelyn Knapp, pictured above, are ordained ministers who conduct weddings at their for-profit chapel in Coeur d’Alene, Idaho, called “The Hitching Post.” After this year’s ruling by an Idaho federal judge that the state had to recognize  same-sex weddings, a City of Couer d’Alene deputy city attorney went on  local TV to say that for-profit wedding chapels could not legally turn away a gay couple without risking a misdemeanor citation. The Hitching Post, he noted, “would probably be considered a place of public accommodation that would be subject to the ordinance.” The Knapps say the the City Attorney’s office has made the same assertion in telephone conversations with them.

Now, the Volokh Conspiracy reports, the Knapps have moved for a temporary restraining order, arguing that applying the anti-discrimination ordinance to them would be unconstitutional and would also violate Idaho’s Religious Freedom Restoration Act.

They have to win. As Professor Volokh, a First Amendment authority of fame and renown, explains, Continue reading →

Ethics Take-Down Of The Year: UCLA Law Professor Eugene Volokh

/ Jack Marshall / 16 Comments
Wait, wait---I think I have it. A Japanese production of "The Mikado" would be a racist appropriation of a racist appropriation, right?

Wait, wait—I think I have it. A Japanese production of “The Mikado” would be a racist appropriation of a racist appropriation, right?

Here is a 2014 year-end Ethics Alarms Award I’m giving out now, with no worries that I will regret it later.

Salon, the online progressive magazine, published a classic in the revolting genre of self-righteous anti-white racism, a pathological screed titled “Why I Can’t Stand White Belly-Dancers.” (Full disclosure: I can’t stand any belly-dancers). If that per se title doesn’t set off a liberal editor’s ethics alarms, something is seriously wrong, but then, this Salon, a where the literate deranged of the Left hang out to plot the Socialist Revival. The foolish author devotes her article to the crackpot theory that in a pluralistic, free society, it is unethical “appropriation” for whites to engage in art that arose out of a non-white culture:

“Women I have confronted about this have said, “But I have been dancing for 15 years! This is something I have built a huge community on.” These women are more interested in their investment in belly dancing than in questioning and examining how their appropriation of the art causes others harm. To them, I can only say, I’m sure there are people who have been unwittingly racist for 15 years. It’s not too late. Find another form of self-expression. Make sure you’re not appropriating someone else’s.”

Had I encountered this cold, I would have taken it as a conservative parody of minority race-bullying. But I have to restrain my impulse to heap abuse on the author, Randa Jarrar, “a feminist of color,” because Prof. Volokh slices her and her idiocy into tiny, delicious shreds as well or better than I ever could. Here’ s yummy sample (read it all here): Continue reading →