parenting

The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price

/ Jack Marshall / 38 Comments

"Oh, all right...as long as we like the decision."

Thanks to the Judge Walker controversy, now have proof that the best legal ethicists in the nation are human. I suppose that’s something.

My colleagues in the legal ethics field are arguing—decreeing, really— that Judge Vaughn Walker’s decade-long same-sex relationship didn’t need to be disclosed before he ruled against Proposition 8 (California’s voter-approved gay marriage ban) because, they say, it created no reasonable doubts about his impartiality. Coincidentally, they also really, really like his decision. But then, so do I. Continue reading →

Judge Walker Was Wrong

/ Jack Marshall / 27 Comments

Now that we know about Bert, should Judge Ernie have recused himself?

Judge Vaughn Walker, the Federal District judge who a year ago ruled California’s Proposition 8, which banned same-sex marriages, unconstitutional, was wrong. No, not about the law, which is pretty clearly unconstitutional: his opinion was fair and well-reasoned, and is likely to be upheld on appeal. Walker was ethically wrong in his handling of the delicate issue of his own sexuality, which had raised a controversy about his objectivity and ability to be impartial.

Two weeks ago, following his retirement from the bench, Walker publicly disclosed for the first time that he has been in a same-sex relationship for the past ten years. This changes the analysis regarding the propriety of his ruling on Perry v. Schwarzenegger. Walker had long been rumored to be gay; supposedly “everybody” knew he was gay. My position, as well as that of many others considering the arguments of anti-gay marriage opponents that he should recuse himself, was that sexual orientation could not and should not create a presumption of bias, any more than gender, age, race or marital status. Continue reading →

Lindsay’s Sad Lie

/ Jack Marshall / 14 Comments

Lindsay Lohan, when the future was bright

I’m still rooting for Lindsay Lohan to turn things around, so I didn’t want to make too big a deal over her recent tweet in connection with the 24-year-old’s latest drama, a felony charge for walking out of a jewelry store wearing an unpurchased necklace priced at $2,500. Being still on probation as she is, the downward-spiraling former child star is facing the possibility of serious prison time. The tweet said, in part,

“…I was not raised to lie, cheat or steal…!”

This is either self-delusion on an epic scale or one of the most brazen lies since Lindsay told police, when they found cocaine in the pocket of her jeans, that she wasn’t wearing her own pants…or perhaps since she told a judge that she couldn’t make her court appearance on a drunk driving charge, after flying off to the Cannes Film Festival shortly before she was due in court, because “her passport was stolen.” Continue reading →

Pole-Dancing for Kids: Icky or Unethical?

/ Jack Marshall / 11 Comments

The latest issue of “Pole Spin,” the “international pole dance and lifestyle magazine,” features “the world’s youngest pole dancer” and a proud family with four  pole-dancing teenagers.

Is this wrong? Child porn? Bad parenting? What the heck is it when something with sexual connotations is used by children in a non-sexual way? Continue reading →

Ethics Quiz: Who’s Responsible When You Hand Your Child An Uzi and He Shoots Himself?

/ Jack Marshall / 3 Comments

The answer to the quiz, according to Massachessetts. authorities, apparently is that the organizer of the 2008 machine gun shoot at the Westfield Sportsman’s Club is responsible.

Christopher Bizilj, age 8, died when the Uzi submachine gun he had taken in his small hands suddenly tilted upward and backward as it fired, and a bullet blew off part of his head. The boy’s father, Dr. Charles Bizilj, signed a waiver before letting his son shoot the gun, acknowledging and accepting the risks, including the boy’s death.  But law enforcement officials applied the common but ethically-misguided principle of “the crime carries its own punishment” for the devastated father, thus shifting all accountability on the organizer of the shoot, Edward Fleury, who was prosecuted for manslaughter. Continue reading →

The Comment of The Day: Yes, It’s About Tide Commercials, But Read It Anyway

/ Jack Marshall / 7 Comments

Ethics Alarms reader Lianne Best weighs in on the Tide (with Acti-lift!) ads, with a valuable observation with far broader ethics significance. She aptly describes exactly how norms of appropriate conduct become corrupted and coarsened (or sometimes enlightened and improved!) over time:

“I hope I’m not too late to the Tide with Acti-Lift! party, but for those who say these ads are “just marketing” and don’t have any real impact … the first time I saw each of these ads, I was horrified. With each subsequent viewing I was less and less offended, until they became normal. Participating in unethical behavior starts with it becoming normal, so these seemingly innocuous commercials are actually pushing the snowball down the slippery slope. Those with influence, whoever they may be, must be cautious with its use.”

Comment of the Day: The Tide Mini-skirt Commercial

/ Jack Marshall / 27 Comments

Ethics Alarms has been getting some excellently written and reasoned comments lately, and it is time to institute a feature I have enjoyed on other blogs, and that is especially appropriate for this one: “The Comment of the Day.”

There won’t be one every day, of course, and the criteria is variable. In general, a Comment of the Day is one that I feel is especially well-stated rather than one I necessarily agree with—like the first entry, in fact. As I have stated elsewhere on the site, I don’t find the Tide mini-skirt commercial unethical, and would not have featured it on Ethics Alarms had readers not brought it into the discussion. I think it is culturally wrong-headed; I think it is obnoxious; I think the choice of song is in poor taste. Still, if Proctor and Gamble thinks it can sell more Tide by attaching its pitch to the assertion that fathers are boobs to question overtly sexual fashion choices by teenagers, and that mothers who encourage underage daughters (Yes, yes, we don’t know that the “daughter” isn’t 25, but the actress sure is doing her best giggly teen impression. We don’t know the “father” isn’t really the next door neighbor, either.) to wear skirts the size of dinner napkins sure to expose the Britney Zone every time the daughter sits down are being responsible parents, I wish them luck. I buy the detergent in our house, by the way; the commercial is sexist by its assumptions.

Here is the comment… Continue reading →

The Human Ethics Train Wreck, Levi Johnston

/ Jack Marshall / 2 Comments

Some people think that Sen. John McCain will go down in infamy for turning a little-known Alaska governor, Sarah Palin, into a wild-card political power. His surprise choice of Palin to join him on the 2008 GOP ticket also set into motion a chaotic series of events that have turned an ordinary, not too bright young man into a celebrity monster, allowing him to display his own serious character deficits while simultaneously enticing others into further degrading their own.

To paraphrase the great Basil Faulty: Thank you, ohhh thank you, so bloody much, Sen. McCain, for giving us Levi Johnston! Continue reading →

Pimping Kim Kardassian’s Little Sis: A New Cultural Norm?

/ Jack Marshall / 6 Comments

Blogger Joel Schwartzberg asks, “Should 14-year old Kendall Jenner Be Doing a Bikini Shoot?

You ask, “Who the heck is Kendall Jenner?” She is the half-sister of the Kardashian girls, Kim, Kourtney and Khloe, all three of reality show stars, celebrities, paparazzi fodder, and lacking in any discernible talent, wit, or justification for their existence. Kim’s claim to fame is a spectacularly cantilevered derriere, and Kourtney and Khloe are distinguished by the fact that they are related to her. In 21st Century America, this is enough for to get you endorsements, clothing lines, and a place on “Dancing With the Stars.”

Kendall, whose father is former Olympian Bruce Jenner, apparently thought it was time to get into the family business (trash) before his three comely stepdaughters’ 15 minutes of fame ran out, so he and his wife approved a photo shoot of her in a bikini. Continue reading →

Perry v. Schwarzenegger: Choosing Ethics Over Morality

/ Jack Marshall / 3 Comments

Predictably, Judge Walker’s decision in Perry v. Schwarzenegger striking down California’s voter approved Proposition 8 has infuriated foes of gay marriage, who have condemned his opinion as judicial activism, a rejection of democratic process, and an agenda-driven farce. Walker himself is being attacked for having a conflict of interest, because he is widely believed to be gay himself. (The belief that a gay judge cannot rule objectively on the issue of gay marriage while a straight judge can is itself an expression of bias.) This is not surprising. What is surprising, at least to me, is that the only substantial argument critics of the opinion can articulate is based on the exact proposition Walker rejected in his opinion: that laws should be able to prohibit conduct based on morality and tradition alone, without quantifiable and verifiable reasons relating to the best interests of society. By insisting that a California law that would withhold a fundamental right—marriage—from a class of Americans must justify itself with reason rather than tradition, Judge Walker ruled that it is ethics, not morality, that should govern American law and justice. Continue reading →