Comment Of The Day #3: “Back To The Bigoted Baker: It’s Complicated…More Than I Thought”

And now there are FOUR Comments of the Day on the post about the Great Cake Controversy. This is a record number for a single Ethics Alarms post. It is a true ethics conflict: which should have priority in a pluralistic society, the right of all citizens to be treated equally under the law, and to have the government ensure their right to the pursuit of happiness, or the individual right to act and live in concert with one’s sincerely held religious beliefs, and to not be forced into expressive speech, part of the right to liberty? This part of the controversy doesn’t even include the ethical question of whether either party should have allowed this to be come a legal dispute.

When I post the fourth COTD, with was a response to #3, I’ll include links to the other three and include a poll for readers to register their opinion regarding which comes closer to their own view

Here is Extradimensional Cephalopod’s  Comment of the Day on the post Back To The Bigoted Baker: It’s Complicated…More Than I Thought:

There’s an obvious question here (well, several) that occurs to me: What if I walked into the shop and asked for a wedding cake for no reason at all? Nobody’s getting married; I just want the cake. Is it against his religion to make that style of cake for anything other than weddings? Do I have to show him a marriage license? I’m an atheist; will he refuse to acknowledge my marriage because you can’t have marriage without a god? Does only the Christian deity count for a “real” marriage?

I would argue that the artistic quality of the cake has nothing to do with who is getting married, or if there’s even a marriage at all–at least, as far as religion is concerned. If I asked someone to draw me a picture of a bird, they don’t have to know anything about me in order to make it. Their art doesn’t have anything to do with me, and they are not expressing any objectionable ideas. They’re not endorsing me in any way by taking me on as a customer. Therefore, this isn’t like refusing to make a swastika cake. This is like refusing to sell a cake to Nazis. (Yes, Nazis should be able to buy cake like anyone else. Preventing them from doing so is just bullying, and won’t teach them anything except more hate. How will they learn how to appreciate different people if only other Nazis talk to them?) Continue reading

From The Ethics Alarms “Stop Making Me Defend Sarah Huckabee Sanders!” Files: “The Advocate” Lies About The Masterpiece Cakeshop Case

 

Wouldn’t it be wonderful if activists had integrity? Unfortunately, most of them don’t, and I only say “most” because I haven’t checked all of them. Virtually all that I have checked spin, distort facts, and lie outright, because the ends justify the means to them, and they, of course, are Right. It’s the Saint’s Excuse. Lies that advance the cause are benign.

The latest disgraceful example of wilful deception in support of a passionately felt cause came from the LGBT publication “The Advocate,” as well as many Democratic and progressive news sources. They all chose to deliberately misrepresent what the President’s spokesperson said about his position was on The Great Cake Controversy…all the better to rev up hate and fear among their readers. You see a typical example in the label to the video above. “Sarah Sanders: Trump OK with businesses hanging anti-gay signs.” She did not say that. The video proves she did not say that. She was asked if the President agreed with the Solicitor General in his oral argument before the Supreme Court in the Masterpiece Cakeshop case when he said that it would be lawful and possible for a baker to hang a sign saying, “We don’t bake cakes for gay weddings.” She said yes. Of course yes. The government’s case is that a baker should not be forced to “participate/endorse” a ceremony that his religion declares morally wrong, and thus is not discriminating by refusing to make cakes for same sex weddings, as long as the baker does not generally discriminate in providing service on the basis of sexual orientation. If the Court agrees, then a baker such as the owner of Masterpiece Cakeshop can legally follow the dictates of his faith and not make same- sex wedding cakes, and if he isn’t selling them, he not only could but should inform potential same-sex couples of that fact.

This is not, by any fair assessment, an “antigay sign.” It makes no antigay assertions at all. The statement is false. Unequivocally, intentionally false. Continue reading

Comment Of The Day #2: “Back To The Bigoted Baker: It’s Complicated…More Than I Thought”

This the second of the Comments of the Day on the post about the Great Cake Controversy; a third arrived last night, which will appear shortly. It was authored by the always provocative Mrs. Q—you can tell because she always uses ampersands. I used to turn them back into “and,” and then decided that this was a signature feature.

The three Comments of the Day on this topic are as different as they could be. I detest the Colorado baker controversy, because three people could have and should have avoided the whole thing, saved a lot of time, money, and ink, and just exhibited some empathy and proportion rather than avoiding the Golden Rule so emphatically. I detest it, but it certainly is a rich ethics subject.

Here is Mrs. Q’s  Comment of the Day on the post Back To The Bigoted Baker: It’s Complicated…More Than I Thought:

When my wife & I were looking for wedding rings we stopped at a place where the owner after talking to us went on a strange rant about some NFL player who came out gay. The owner went so far as to physically mimic kissing another guy in telling his story, and shivering with wide toothed disgust at the thought. He didn’t say he wouldn’t sell us a ring, but obviously we didn’t want one from his store & the feeling was mutual.

We could have gone on Yelp and given the store a bad review or complain to someone who could “go after” him politically, but at the end of the day our relationship didn’t (doesn’t) need others affirmation. We were certainly hurt – not by his thoughts but the manner in which he shared his thoughts. Yet we picked our proverbial battle and let it go. Why? because we too are Christian and know no one person can ever really give us what we need. Hurt feelings can be gotten over and forgiveness heals wounds far faster than enacting revenge because someone doesn’t agree with us or what we do.

We have to ask what will be next. I don’t believe suddenly we’ll see “No Homo’s Allowed” signs on shops. And ultimately that’s not what I believe this case is about. Also I’m not convinced that these bakers are bigots either. Instead I suspect what this case is ultimately about religion and thought police. Orthodox Muslims having to make non-Halal foods, Jewish deli’s selling pork, Christians making Satanic themed confections. I’d rather see a few victim-minded SJW’s get butt-hurt than force others to sign off on what are ultimately another persons *private* beliefs. Forcing business owners to think as we wish sets a dangerous precedent while walking away from a shop not being affirmed only requires one to find another place to go. And honestly it’s fairly easy to find smug leftist affirmation at businesses. Yes…even in small towns too. Continue reading

Comment Of The Day #1: “Back To The Bigoted Baker: It’s Complicated…More Than I Thought”

There were so many thoughtful and diverse comments on the post about the Great Cake Controversy that I could have justified four or five Comments of the Day. I chose two. This is the first, by the indefatigable Michael Ejercito. Here is his Comment of the Day on the post Back To The Bigoted Baker: It’s Complicated…More Than I Thought:

“Art is notoriously difficult to define. To that list, I could argue for the addition of gardeners, landscapers, bathroom floor tilers, interior designers, architects, website designers, marketing consultants, and on and on. Is a sign-maker an artist? A printer?”

This is a feature, not a fault, of the First Amendment. Courts must make findings of fact based on evidence and testimony. Courts did in fact do just that in Hurley v. Irish American Gay, Lesbian, and Bisexual Group of Boston, 515 U.S. 557 91995) and Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47 (2006).

In its amicus brief, the Department of Justice spent a total of six paragraphs detailing how public accommodations laws do not ordinarily implicate freedom of expression.

“Justice Kennedy became involved in some of this discussion about where to draw the lines — the ready-made/custom cake distinction, the speech/conduct distinction, and the distinction between selling a cake in a shop and supervising the cutting of a cake at a ceremony…”

It is a distinction that must be made.

It is a tenuous argument, at best, that the sale of sign-making supplies constitutes expression. Thus, Colorado’s laws properly apply to such, and it is unlawful to refuse to sell sign-making supplies because the purported customer is a Westboro Baptist or a militant Islamist. And religious discrimination laws must cover unpopular religions, or else it fails to achieve its own purpose. Continue reading

Back To The Bigoted Baker: It’s Complicated…More Than I Thought

The last time (in July) I dealt with the apparently thornier-than-I-thought issue of the Colorado baker who refused to sell a wedding cake to a gay couple, I assumed that the Supreme Court would treat this as a pure public accommodations case, and side with Colorado and the couple. I was wrong. Now it is beginning to look like baker Jack Phillips may even prevail, based on the justices’ comments during oral argument.

Then I wrote, quoting my post when this case first surfaced…

“The court’s conclusion  is impossible to rebut. The cake the baker was asked to bake for the gay wedding differed not at all from one he would normally sell a straight couple. In truth, this had nothing to do with expression. He was just refusing to serve a gay couple because of their sexual orientation. Selling them a standard cake would neither constitute, nor would it be recognized as a “message” in support of gay marriage.

The Court agreed that a wedding cake with a customized message celebrating a same-sex marriage as such might implicate First Amendment speech issues, but “we need not reach this issue,” the court said. “We note, again, that Phillips denied Craig’s and Mullins’ request without any discussion regarding the wedding cake’s design or any possible written inscriptions.”

In other words, Phillips was gratuitously and unnecessarily being a cruel jerk. An alleged Christian who is unable to detect the basic Golden Rule application in treating fellow citizens with the minimal level of respect inherent in allowing them to buy a standard wedding cake requiring no “Yay Gay!” or “Charlie and David Forever!” messages in pink frosting deserves no sympathy or quarter from the law. Could the couple have just shrugged and found another bakery? Sure, they could have. Linda Brown could also have just shrugged and found an all-black school to attend, too.

The gay couple are not the villains here. Jack Phillips broke the social contract, as well as the law.”

Recent articles about the SCOTUS appeal have added some facts that I had missed, or not given sufficient weight. For example, Continue reading

Morning Ethics Warm-Up, 10/18/2017: Welcome To My World! Special Legal Follies Edition

Good Morning!

1  Oh, let’s begin the day with Roy Moore, the former Alabama judge and present wacko whom Alabama Republicans voted to represent the GOP in the 2018 U.S. Senate election, thus proving that there are a lot of deplorables in the state. As was completely predictable given his record, Moore recently told his drooling followers (after being introduced by Abraham Hamilton, Alexander Lincoln being unavailable),

“Somebody should be talking to the Supreme Court of the United States and say, ‘What gives them a right to declare that two men can get married?. . . Tell the Congress: Impeach these justices that put themselves above the Constitution. They’re judicial supremists and they should be taken off the bench.”

Comments Jonathan Turley,

So Moore believes that he should not have been removed from the bench for putting his personal religious beliefs above the Constitution, but justices should be removed if they interpretation the Constitution in a way that contradicts his religious beliefs.  This, he insisted, would ‘solve the problem….such a view would violate not just fundamental principles of judicial review but it would violate the impeachment clause.  As the last lead counsel in a judicial impeachment case (in defense of Judge Thomas Porteous), Moore’s view is deeply troubling.  As I have previously written, the Good Behavior Clause of Article III was designed to protect the independence of the judiciary and insulate it from political pressures.  It was meant as a guarantee of life tenure against precisely the type of threat that Moore is endorsing. 

But it’s pointless to make genuine legal and historical arguments against someone like Moore. He’s a theocrat, a fanatic, a bigot and a demagogue. The Republican Party should endorse his opposition and campaign against Moore. This fiasco is their fault, and someone like Moore should be kept out Congress at all costs.

2. Now to someone who is, incredible as it seems, somewhat less ridiculous, this gentleman, Christopher Wilson…

 

No, that’s not a botched tattoo on his forehead: the blurry words are “fuck” and “sluts”, making the whole, eloquent message, “I’m a porn star. I fuck teen sluts.” This roughly translates into  “Look at me! I’m an idiot!”  The newspapers that refused to print the blurred words (the police had the mugshot altered) that are essential to the story, meanwhile, are telling us, “We don’t understand our profession.” The story is incomprehensible if the actual words aren’t clear, literally or figuratively.  Fox News and the NY Post, for example, say, “The Cincinnati man has the words “I’m a pornstar” tattooed on his forehead” and “another vulgar message” tattooed below.” Since the issue is whether the message on his FACE is going to prejudice the jury in his trial for sexual assault, this is juvenile coverage omitting key information to avoid “giving offense.”

Ethics Alarms to the news media: Grow up.

Turley (again…he loves the tattoo stories) writes,

“The court will be left with a question of whether the tattoo is too prejudicial or whether it is unavoidable as a personal choice of the defendant….Yet, these tattoos contain an admission to the crime at issue in the trial.  In the end, a judge could legitimately conclude that this falls into the category as bad choices bringing even worse consequences.”

What? First, the defendant is not charged with fucking teen sluts while acting as a porn star. That conduct could well be consensual and legal.  Turley is also wrong that the judge could “legitimately” allow the jury to see his message. In both cases involving a defendant’s prejudicial tattoos, the judges agreed that they had to be made invisible, in one case using make-up… Continue reading

Morning Ethics Warm-Up, 10/12/2017: Ben Affleck Is Called A Liar, A Blind Man Wants to See Websites, The Boy Scouts Want Girls, And More…

Good Morning!

1 Tales of Moral Luck: Yankee manager Joe Girardi was facing a possible post-season firing for an embarrassing  botch during the second game of the American League Divisional Series against the Cleveland Indians. NY had lost the second game, putting them in an 0-2 hole in a best of 5 series, after an Indian batter’s foul tip into the catcher’s glove for strike three and the inning’s final out was mistakenly ruled a hit by pitch, loading the bases. Replay showed that the ball had hit the knob of the bat, not the batter’s hand, but Girardi didn’t call for a replay review even though his catcher demanding one.  The HBP loaded the bases, and the next batter hit a decisive grand slam. Girardi made things worse in his post-game comments by spinning and rationalizing, then finally took responsibility the next day. He also admitted that he didn’t realize that managers had two challenges in the play-offs, when they had only one a game during the regular season.

Yesterday, the Yankees completed a remarkable comeback, winning three straight games to defeat the odds-on favorites to represent the American League in the World Series. Girardi’s bad judgment, poor preparation and immediate resort to excuses when he undermined his team’s chances no longer matters. He was saved by moral luck, just as earlier he had been slammed by moral luck. After all, if the next batter in Game 2 has popped up harmlessly, ending the inning without any damage, Girardi’s terrible mistake would have been a footnote to a Yankee victory.

Now it’s a footnote again.

Moral Luck.

2. WHOA!  Didn’t see THAT coming! TWITTER just boarded the Harvey Weinstein Ethics Train Wreck!

Actress Rose McGowan, one of Weinstein’s victims who reached a $100,000 settlement with the Hollywood serial harasser 20 years ago and  who is now on the attack having decided that she doesn’t want to be a Hollywood actress any more, has been using social media to condemn actors and executives who enabled Weinstein, writing in one tweet, “you all knew.” Recently, after Ben Affleck  tweeted that the allegations against  Weinstein “made him sick,” McGowan called him out on Twitter.:

@benaffleck “GODDAMNIT! I TOLD HIM TO STOP DOING THAT” you said that to my face. The press conf I was made to go to after assault. You lie.

Twitter suspended her account. In response, McGowran wrote on Instagram.

TWITTER HAS SUSPENDED ME. THERE ARE POWERFUL FORCES AT WORK. BE MY VOICE. #ROSEARMY #whywomendontreport

These social media platforms are untrustworthy. All of them.

McGowan, meanwhile, is fast approaching Ethics Hero territory. Continue reading

Ethics Quote Of The Week: Prof. Jonathan Turley

“It is astonishing to see the pride of that such individuals taken in their embrace of gender or racial discrimination as a tool of social justice. They see no moral or legal problem with penalizing people due to the color of their skin or their gender. Instead, they foster the same blind stereotypes and prejudices that once segregated societies on these grounds. They learned the history but not its lesson.”

—-Blogging prof Jonathan Turley, writing about a Canadian director who has insisted that white, “cis” males pay a higher ticket price to see his film. It’s called “Justice Pricing.”

Observations:

1 Turley is wrong: there’s nothing astonishing about it, as I just explained.

2. Now we know there is a place for all the anti-democratic social justice warriors who would be very happy to see the U.S. establish unconstitutional “Justice Pricing,” “Justice Hiring,” “Justice Promotions,” “Justice Convictions,” “Justice Admissions,” “Justice Expulsions,” “Justice Taxing,” “Justice Elections,” “Justice Sentencing,” “Justice Justice” and more: Canada.

3. “Justice Pricing” is about as Orwellian as it gets, don’t you think? Continue reading

Morning Ethics Warm-Up: 8/15/2017

Gooood Morning, Ethics Alarms!

1. And the grandstanding goes on. CNN’s HLN repeatedly played the Tonight Show’s Jimmy Fallon’s undoubtedly heartfelt and gratuitous “very special episode” where he condemned racism and bigotry and saluted the victim of the vehicle attack by James Fields, saying that she was standing up for “what was right.” I’m sure she thought she was. She was, however, in a group that stood for the suppression of free speech and political views they have decided don’t deserve First Amendment protection. That is NOT “right.”

Shut up and be funny, Jimmy. You haven’t been given that show to make half-baked and ignorant political pronouncements, That’s Stephen Colbert’s job.

2. The President came out yesterday with an unequivocal condemnation of racism, bigotry, violence and white nationalism. The Times headline today notes this, but that “some say it was too late.” Of course “some” do.  And besides, says my allegedly rational liberal former Democratic Congressman staffer Facebook friend, it is obvious what he really believes. And besides, even if his statement hadn’t been too late, there were “dog whistles” in it, and his body language was suspicious.

I have to keep reminding myself that these people are ill, in the grip of a powerful mob mentality  and to “hate the sin, never the sinner,” as Clarence Darrow said (but probably didn’t believe).

3. Related: from Investor News Daily, via Instapundit:

“Obama never mentioned the anti-cop sentiment fomented by Black Lives Matter — with an assist from Obama himself — in his brief statement after five police officers were assassinated in Dallas. Obama did find room in those remarks to mention racist cops. Did anyone on the left complain?”

Wait—is it too late for Obama to condemn anti-white racism now? Continue reading

Illegal Immigrant Ethics Do’s And Don’ts

DON’T do this:

A customer’s cell phone video caught  a  7-Eleven clerk on Tampa, Florida screaming at a customer and asking about his immigration status after the customer used the Spanish word for ‘green’ to ask the clerk for a specific brand of cigarettes. The clerk demanded Hernandez speak English, and is is heard saying, “Are you here legally? Do you have papers? Do you have papers?”

This isn’t the clerk’s job, and if the company has not directed that all customers should not be treated with dignity, courtesy and respect, no employee should be going free-lance ICE on anyone.

A spokesman for the 7-11 owner  wrote, “Every customer is important. The statements made by the sales associate were inappropriate and offensive. We are investigating the matter and will ensure it is handled appropriately.”

“Appropriately” means firing the clerk. In addition to acting ultra vires, the clerk is also making the store unpleasant and unwelcoming for other customers, risking an escalating confrontation, and being a jerk while representing the enterprise. Wrong, wrong, and wrong.

However…

Continue reading