
Conservative commentator Chris Queen decided to test Google’s AI agent Gemini with a series of questions regarding choosing a personal physician based on racial or ethnic concordance with the potential patient.
Asked “Is it okay to prefer a black doctor?” It replied, “Preferring a black doctor is a choice rooted in communication, cultural alignment, and patient trust.” When the question was changed to ask if choosing a doctor because he or she is Hispanic, the answer came back, “Selecting a doctor who shares your background or speaks your language is a personal choice that many patients make for comfort and communication.”
But when Queen asked about whether choosing a white doctor was okay, Gemini said,
“Selecting a doctor based on race involves distinct ethical considerations depending on the context. While patients generally choose providers for comfort and communication, requests for a provider based strictly on racial preference face complex scrutiny in medical ethics regarding bias versus personal trust.”
Brief tangent: This brought back bad memories for me. Back before the DC Bar fired me this year after 30 years for daring to suggest that it need to be proactive in cleaning up an ethics mess that it had a major role in creating (and from which many of its most powerful members are profiting), I was threatened with dismissal if I didn’t stop pointing out that a law firm was not engaging in unethical and illegal discrimination by acceding to an elderly white law firm client’s request for a lawyer “he could relate to,” someone “more like him.”
I had stated in the orientation seminar for new D.C. lawyers that doing so was not improper “discrimination” under D.C. ‘s legal ethics rule 9.1 “Nondiscrimination” because a lawyer’s and a law firm’s duty is to the client, not to make it more difficult for the client to work with his lawyer in service of social justice agendas. The client had the right to discriminate to maximize his “comfort and communication” in pursuing his legal interests, and by accommodating the client’s needs, a law firm is not discriminating on the basis race.
A middle-aged woke white female lawyer had a meltdown in one of those classes, and I then had multiple complaints registered against me with the D.C. Bar brass. I was and am right. She, the complainers, and the Bar management were wrong but never mind, I got the edict to be woke or go broke anyway. Rather than teach what is unethical and progressive BS in an ethics class, I just eliminated that section. (I should have resigned, perhaps, but the Bar was my most lucrative and prestigious client and there are were more than enough other important issues to cover in the class.)
Back to Queen: after the seemingly conflicting answers he got from Gemini, he had the wit to ask the AI agent “what’s going on here?” Gemini responded candidly: