Proposition 8

Gay Marriage Combat Flashback: “When A Boycott Is Unethical”

/ Jack Marshall / 5 Comments

Prop 8

Prolific commenter Steve-O suggested that my previous post, Planet Ethics To Earth’s Gay Marriage Combatants: “You’re Mean, You’re Disgusting, And You’re Embarrassing The Human Race”, would have done more good if I had written it a few years ago. That’s hindsight bias, of course, but I did point out the unethical nature of similar tactics more than a few years ago, when gay marriage advocates announced a boycott against the state of Utah. ( I also, more than a decade ago, explained why this debate would be intense and emotional, and suggested the only chance, admittedly a faint and likely futile one, that the anti-gay marriage forces had to prevail.) Steve’s suggestion is also fanciful, in that Perez Hilton’s inane pronouncements on a Lindsay Lohan Instagram carry about 100,000 times more weight and influence than anything written here, and probably more than anything written about ethics issues anywhere, by anyone.

With that sad fact noted, the renewal of the problem of punitive and unfair boycotts as well as the escalation of brutal tactics in the gay marriage wars justifies a re-print of this essay from the Ethics Scoreboard from 2008, shortly after Proposition 8 was voted into law by Californians. As an aside, I note with some nostalgia the sober style in which Scoreboard posts were written. Therein lies the difference between an ethics website that posted essays composed over several days, and an ethics blog that attempts to keep up with multiple issues a day. The former is certainly more professional in tone; the latter is more personal and unfiltered, and, as a result, more read.

In the wake of California’s popular vote to over-ride its Supreme Court and establish marriage as restricted to heterosexual couples, gay rights advocates are urging an economic boycott of the state of …Utah.

Why Utah? Well, the Mormon Church, based in Salt Lake City, encouraged its members to work for passage of California’s Proposition 8. Thousands of Mormons worked as grass-roots volunteers and Mormon contributors gave tens of millions of dollars to the campaign. “At a fundamental level, the Utah Mormons crossed the line,” said gay rights activist John Aravosis, whose AmericaBlog.com is urging the boycott. “They just took marriage away from 20,000 couples and made their children bastards. You don’t do that and get away with it.” Continue reading →

ABC Quietly Apologizes For Being An Unethical, Unprofessional, Biased and Unfair News Organization. Not Accepted.

/ Jack Marshall / 37 Comments
"Oops! Did we use THAT clip! Silly us!"

“Oops! Did we use THAT clip! Silly us!”

“Reporting”—in scare quotes because it was in fact advocacy, character assassination and blatant news manipulation—on the successful totalitarian movement by gay rights advocates to force Mozilla to fire its CEO (for the thought crime of not opposing an anti-gay marriage ballot initiative in California, but rather being so evil as  to exercise his rights of political speech and support the traditional definition of marriage), ABC news accompanied the report on “Good Morning America” with video of a Westboro Baptist Church demonstration, complete with its charming “God Hates Fags” signs.

This, of course, implicitly sided with those, led by the CEO of OKCupid,  trying to rob Brendan Eich of his job for having a different view than the intolerant Left, while imputing to Eich ugly attitudes that there is no evidence whatsoever he possesses. It seem ABC selected the same clip in 2012 in a story about the Supreme Court’s gay marriage ruling, making the illicit  suggestion in such a choice that there are just two sides in this issue; those who “hate fags,” like the Phelpsians, and those who want all Americans, whatever their sexual orientation, to be able to have their relationships with committed loved ones recognized as a legal marriage.

Mr. Eich has the money and the team of lawyers to make ABC pay dearly for this slur on his character (there is no similarly expensive way to make the network—and the others, for this was just ABC’s turn—accountable for blatant news distortion and advocacy in the guise of “objective news reporting.”), so ABC pulled the false video and issued this wan and dishonest apology: Continue reading →

Ethical Quote Of The Week: Andrew Sullivan

/ Jack Marshall / 46 Comments
You are dead to me, Firefox. Tell your mama.

You are dead to me, Firefox. Tell your mama.

“Will he now be forced to walk through the streets in shame? Why not the stocks? The whole episode disgusts me – as it should disgust anyone interested in a tolerant and diverse society. If this is the gay rights movement today – hounding our opponents with a fanaticism more like the religious right than anyone else – then count me out. If we are about intimidating the free speech of others, we are no better than the anti-gay bullies who came before us”

—-Blogging pioneer and gay rights advocate Andrew Sullivan, writing yesterday about Mozilla’s craven capitulation to gay rights bullies who demanded the removal of new CEO Brendan Eich “who had the gall to express his First Amendment rights and favor Prop 8 in California by donating $1,000.”

Corporations, as the Duck Dynasty flap depressingly illustrated, tend to be spineless, irresolute and principle-free. This instance of that tendency, however, is more alarming and harmful than most. Capitulating to arrogant, self-righteous, power-hungry forces on the left or right only makes them more voracious: we will know who to thank first when boycotts abound demanding that anyone who questioned Al Gore’s climate change hysteria be sacked.

Thank you, Mozilla.

Continue reading →

Unethical Quote of the Month: OkCupid

/ Jack Marshall / 58 Comments
Not OK...

Not OK…

“Hello there, Mozilla Firefox user. Pardon this interruption of your OkCupid experience. Mozilla’s new CEO, Brendan Eich, is an opponent of equal rights for gay couples. We would therefore prefer that our users not use Mozilla software to access OkCupid. Politics is normally not the business of a website, and we all know there’s a lot more wrong with the world than misguided CEOs. So you might wonder why we’re asserting ourselves today. This is why: we’ve devoted the last ten years to bringing people—all people—together. If individuals like Mr. Eich had their way, then roughly 8% of the relationships we’ve worked so hard to bring about would be illegal. Equality for gay relationships is personally important to many of us here at OkCupid. But it’s professionally important to the entire company. OkCupid is for creating love. Those who seek to deny love and instead enforce misery, shame, and frustration are our enemies, and we wish them nothing but failure.”

–—Dating website OkCupid, calling for a boycott of Mozilla, including Firefox, its webserving software, because of the past political/social/religious views of Mozilla CEO Brendan Eich

Full disclosure: 1) I use Firefox. 2) I detest boycotts,and 3) I am biased against them by nature, because they are almost always coercive, extortive, and unfair.

This statement, however, has more wrong with it than just its advocacy of a boycott.

Continue reading →

Ethical Quote Of The Month: Justice Richard Bossun of The New Mexico Supreme Court

/ Jack Marshall / 80 Comments

First-Amendment-on-scroll1

[The quote that follows is from the concurring opinion in the just-decided case of  Elaine Photography v. Willock, which challenged the proposition, discussed and endorsed on Ethics Alarms in several posts, that a business could not and ethically should not refuse service to same-sex couples.]

“On a larger scale, this case provokes reflection on what this nation is all about, its promise of fairness, liberty, equality of opportunity, and justice. At its heart, this case teaches that at some point in our lives all of us must compromise, if only a little, to accommodate the contrasting values of others. A multicultural, pluralistic society, one of our nation’s strengths, demands no less. The Huguenins are free to think, to say, to believe, as they wish; they may pray to the God of their choice and follow those commandments in their personal lives wherever they lead. The Constitution protects the Huguenins in that respect and much more. But there is a price, one that we all have to pay somewhere in our civic life.

“In the smaller, more focused world of the marketplace, of commerce, of public accommodation, the Huguenins have to channel their conduct, not their beliefs, so as to leave space for other Americans who believe something different. That compromise is part of the glue that holds us together as a nation, the tolerance that lubricates the varied moving parts of us as a people. That sense of respect we owe others, whether or not we believe as they do, illuminates this country, setting it apart from the discord that afflicts much of the rest of the world.”

——- New Mexico Supreme Court Justice Bossun, concurring with opinion in Elaine Photography v. Willock, which rejected the claim that legally requiring a photography shop to take photographs of a same-sex marriage was a violation of the First Amendment.

You can read the Volokh Conspiracy take on the case here, and here; Ken White has his usual trenchant observations at Popehat.

From an ethics perspective, however, Justice Bossuns’s words need no enhancement. I could not agree more, nor say it better.

______________________________

Graphic: Illinois Family

 

Comment of The Day: The Same-Sex Marriage Wars

/ Jack Marshall / 465 Comments

supreme-court-gay-marriage-demonstration

The Inquiring Mind left a plaintive and provocative comment on an earlier post regarding the gay marriage controversy, now once again above the fold, and it was apparently swallowed by my spam file. I haven’t see much of an uptick in Ethics Alarms comments lately (and tgt is on semi-hiatus), but the spam has gotten out of control: apparently this post was deleted, even though I try to check the spam comments (about 500 a day now) to make sure legitimate ones don’t get thrown out with the bath water. I apologize to IM, and am posting the recovered comment partially in compensation, and also because he expresses a sentiment that I have heard and read from others.

I’ll be back at the end; in the meantime, here is Inquiring Mind’s Comment of the Day regarding the tactics of gay marriage advocates:

“Jack, since the aftermath of Prop 8, I have always wondered – is the thuggery/coercion and thought control a “bug” associated with the push for gay marriage, or is it a “feature” that comes with the enactment of gay marriage?

“I just want to review the conduct of gay-marriage supporters: Continue reading →

Ethics Dunce: National Journal Writer Matthew Cooper (And Boy, Am I Sick Of It!)

/ Jack Marshall / 31 Comments
Matt Cooper apparently thinks Clarence represented murderers because he LIKED murderers. That's not how it works, Matt.

Matt Cooper apparently thinks Clarence represented murderers because he LIKED murderers. That’s not how it works, Matt.

Matthew Cooper, like so many before him who should know otherwise, confounds the role of an attorney with the views of the individual serving as an attorney. This is a disturbing chunk of ignorance for a prominent journalist to pass on to the public, and as I have before, I am honor bound to point it out, and also to say: Understand what you’re writing about, journalists!  That’s one of your ethical duties.

In a National Journal piece about Ted Olson, who argued against Proposition 8 and for same-sex marriage before the U.S. Supreme Court, Cooper writes,

“While most folks were surprised by his support of gay marriage, I wasn’t. Yes, he was a conservative. But he had also defended the press as the longtime lawyer for the Los Angeles Times and in other First Amendment cases. He’d agreed to represent Tim Phelps, a Newsday reporter, in the Anita Hill case even if Phelps’s work was damaging to the conservative Clarence Thomas. He was conservative, but not reflexively so.”

Why is this old, basic and simple principle so difficult to grasp: a lawyer does not adopt his or her client’s views by virtue of representing them or advocating for them in court or the public square! The lawyer’s views are presumed to be irrelevant to the position he or she takes for a client. As the ABA’s Model Rules of Professional Conduct state (and legal ethics has held for centuries),

“A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.” Continue reading →

Comment of the Day: “The Ethicists, Backing Judge Walker and Gay Marriage, At An Unacceptable Price”

/ Jack Marshall / 8 Comments

The motion to vacate Judge Walker’s ruling on Proposition 8 has been filed, you can read it here. Since the original post, I have detected some cracks in the formerly near-united front of legal ethicists and journalists deriding Walker’s critics. Some of them are finally, grudgingly, admitting that the Judge might not have handled his potential conflict so well after all, and that the motion is not a frivolous, anti-gay outrage as they originally labelled it.  The most rickety of the rationalizations put forth on Walker’s behalf, advanced by some his most respected defenders, is that he had no obligation to reveal his own sexual orientation by disclosing his domestic arrangement because of its intimate and private nature. Yet the judge voluntarily disclosed it after his decision was in the books, raising a rebuttable presumption that his original silence was to avoid suggestions of conflict, not out of a desire for privacy.

First time commenter Jada adds her Comment of the Day to the discussion: Continue reading →

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 →