Of COURSE There’s An Unwed and Pregnant Catholic School Teacher Principle….Don’t Be Silly.

pregnant nunButte Central teacher Shaela Evenson says she is planning on suing the Montana Catholic middle school that fired her for getting pregnant without the benefit of a husband. Whatever it is she is thinking (and whatever it is her lawyer is encouraging to keep thinking), it’s unethical, and I doubt the law will have much sympathy with it either.

  • She signed a contract promising “to respect the moral and religious teachings of the Catholic Church in both her professional and personal life”—a bit broad for my tastes, but this episode was pretty obviously exactly the kind of thing such a clause was designed to forbid, and nobody forced her to agree to it.
  • As Patrick Haggarty, the superintendent of Catholic schools for the diocese, said,  Evenson “made a willful decision to violate the terms of her contract.” It’s hard to argue that getting pregnant before marriage isn’t a willful decision, if she wasn’t raped.

  • Haggarty also notes, “The Catholic moral teaching is that the sacrament of marriage is a holy union between a man and a woman.” That sounds about right. Continue reading

What A Hollywood Journalist Calls “Ethics”

Listen to me, Roger, and I mean this in the nicest way: stick to gossip.

Listen to me, Roger, and I mean this in the nicest way: stick to gossip.

The Hollywood wagons are already circling around Woody Allen, accused—again, but now as an adult who can speak for herself—by Dylan Farrow of sexually abusing her when she was only 7 years old. Reading some of the statements issuing from Tinseltown, I am struck again by the ugly opposition any non-celebrity victim must face when accusing a powerful industry figure of wrongdoing. Luckily, many of the most vociferous defenders signal their desperation and their lack of basic comprehension of the issues, undermining their arguments.

Exhibit A is veteran Hollywood journalist Roger Friedman, who was quick to issue an article alleging, as he has for 20 years, that Dylan’s story is all part of a Mia Farrow plot to destroy innocent Woody. On his website, Friedman headlines his piece, “Mia Farrow Uses Close Pal Journalist in Woody Allen War: Writer of Latest Piece is Close Friend.” Friedman’s concept of what constitutes a “conflict of interest” is intriguing. His argument is that Times journalist Nicholas Kristof, who published Dylan’s open letter on his blog, is friends with Mia Farrow (Friedman implies that they are romantically involved while specifically saying that he isn’t implying it–his evident journalistic sliminess would undermine even a fair article, which this is not), and that this makes Dylan’s letter less credible. What he doesn’t explain, since he can’t, is why the same letter would be any more credible or reliable whether Kristof published it or someone else did. Continue reading

Ethics Hero: Dylan Farrow (and Observations On Her Open Letter To Woody Allen’s Fans)

dylan-farrow

Dylan Farrow was 7 years old when, she alleges, her adoptive father Woody Allen began sexually molesting her. Although this became the focus of the legal and public relations battle between her mother, actress Mia Farrow and Allen as their once romantic and domestic relationship—-already destroyed by Allen’s courtship, seduction and marriage of Dylan’s older, also-adopted sister Soon Yi—exploded onto the scandal sheets more than 20 years ago, the now-married Dylan has never spoken out about it herself, though her mother and other siblings have. Allen avoided any criminal charges despite an investigation that found probable cause, and his popularity among film-goers and his stature in Hollywood seemed to be undamaged. Last month, however, a lifetime achievement award at the Golden Globes (accepted by a fawning Diane Keaton) re-opened the unhealed wounds for the Farrows, and Allen’s Oscar nomination last week for his original screenplay for “Blue Jasmine” was apparently too much.

Now Dylan Farrow has decided to tell her own story, and has done so in open letter form, published on the blog of New York Times columnist Nicholas Kristof.

I ask that you read it now, here, before you read anything else. Her courage in writing this powerful statement earns the right to have it received on its own terms.

Observations: Continue reading

The Good News: For Once, A False Rape Accuser Was Sent To Jail. The Bad: The Sentence Is Ridiculous

And while we are on the topic of offensively lenient sentences to horrible and dangerous criminals:

 "The Flaying of Marsyas" by Titian

“The Flaying of Marsyas” by Titian

In Michigan, St. Clair County Judge Daniel Kelly sentenced Sara Ylen to at least five years in prison Friday for falsely accusing two men of rape. She’s a vicious serial liar: a few days earlier, she pleaded no contest to a cancer scam in a separate case.

Thirty-eight-year-old Ylen had accused a construction company owner and a mental health worker of invading her home and raping her after she drove her children to school in 2012. To help frame them, she went to the extreme of  using makeup to create what looked like bruises and carving an epithet in her arm. They would have been charged, too, except that both men had airtight alibis.  While working to ruin the lives of the innocent pair (they went to the same church as her ex-husband), Ylen also accepted thousands of dollars from supporters while claiming to have end-stage cervical cancer that had spread throughout her body.

At trial her attorney, David Heyboer, argued (zealously, as is his duty) that she was obviously disturbed, and that a single year in the local jail was sufficient punishment, even though this was her second set of false rape accusations. He made this argument without laughing, too. That’s a professional. Continue reading

The Fifth Annual Ethics Alarms Awards: The Worst of Ethics 2013 (Part Three)

Jill-Greenberg

Unethical Artist Of The Year

Photographer Jill Greenberg, whose art requires parents to make their children cry. Runner-up: Peeping Tom photographer/artist Arne Svenson

Kaitlyn Hunt

False Allegation Of Anti-Gay Bigotry Of The Year

Kaitlyn Hunt’s parents, who spun a false tale of anti-gay prejudice to portray their sexual predator daughter as a victim after she was accused of statutory rape by the parents of her under-age target. Hunt’s parents even managed to suck the ACLU into their web and the liberal-leaning press portrayed her as a martyr to anti-gay bias. But Hunt’s lies ultimately caused her cover-story to unravel.

 Unethical Hoax Of The Year

Oberlin students Dylan Bleier and Matt Alden, aided and abetted by  Oberlin College and its president, Marvin Krislov. The two students, self-proclaimed progressives, posted a series of racist and anti-Semitic posters, graffiti and anonymous emails as “an experiment.” Krislov and Oberlin, after cancelling classes and engaging in campus-wide navel-gazing, continued to allow the media and the public believe that this was the work of racists on campus well after it had learned who the real miscreants wereRunner-up: The horrible Meg Lanker-Simons, former University of Wyoming student (now admitted to law school—I don’t want to talk about it) who threatened herself with rape and used the bogus threat to show that her campus was violent and sexist.

Most Unethical Use of Social Media Continue reading

Dear Legal Profession: How Can We Respect And Trust You When You Police Yourself Like THIS?

Justice_broken3

I’ve been defending my profession a lot here lately, but I also recognize that there is a very good reason why such incidents as the surprisingly generous sentence in the “Affluenza” case and the drug court judge who suffered an alcoholic relapse on the bench are wrongly interpreted as proof of inequities and double standards in the legal system. The reason is that those who oversee the system do inexplicable things that appear to the outside world as not only a lack of integrity but also the apparent inability to realize how such conduct undermines the public trust.

Both of these recent news stories are cases in point:

I. The Imaginary Government Lawyer

In 2012, the Nebraska state supreme court disbarred lawyer David Walocha for not paying his bar dues and proceeding to practice law for 13 years with a suspended license. At the end of 2013, the District of Columbia Bar had to decide what to do with former Justice Department attorney Laura Heiser, who practiced 21 years with a suspended license in the District. What was her punishment? She received an informal admonition, which is the least severe form of disciplinary action.  Continue reading

Ethics Quiz: Awarding An Accused Rapist The Heisman Trophy

jameis2Heisman Trophy winner Jameis Winston was cool, collected and funny delivering the “Top Ten” on David Letterman last night, but to me, the hijinks seemed out of sync with reality, fairness and justice somehow.

The 19 year-old-Florida State University star quarterback became the youngest Heisman Trophy winner ever when he was named college football’s most outstanding player Saturday night in New York. He is also the youngest accused rapist to be awarded the Heisman.

That award  symbolizes football’s ongoing ethics problem. The pro game’s brutal, uber-macho and “the ends justify the means” culture that has players maiming each other as the crowd cheers and multiple felons on the field in most games has reached into the lower reaches of football, with both colleges and high schools breeding arrogant, entitled jerks who get special treatment through their pampered academic careers and too often emerge from from the football machine as polished sociopaths. The Penn State horror story was a symptom of this. Is Winston’s award another?

It hasn’t been featured in many of the exultant stories about the Heisman winner, but a year ago, on December 7, he was accused of rape by an FSU co-ed. Last week the prosecutors—just in time for the Heisman!—declared that they had not found enough evidence to convict him, which means that they did not have enough evidence to ethically prosecute him. The accuser’s attorney, Patricia Carroll, immediately condemned the decision and the  investigation that led to it, detailing multiple irregularities in the the handling of evidence and testimony. Writes Slate’s legal reporter Emily Bazelon: Continue reading

Six Questions Raised By A Horror Story I Wish I Had Never Read

I don't ant to live in a culture than could produce these people. Unfortunately, I have no choice.

I don’t want to live in a culture than could produce these monsters. Unfortunately, I have no choice.

Occasionally I read a news item that makes me question my illusions, my optimism, my aspirations, and the rationality of hope. The saga of Jonathan and Sarah Adleta, a couple whose match was made in Hell and whose crimes sound like the rejected plot submission of a Law and Order SVU script writer whose mind has snapped, is just such a story, perhaps the most disturbing I have ever encountered.

If you continue reading, consider yourself warned.

After college student Sarah Adleta became pregnant with Jonathan Adleta’s child and tests showed that the fetus was female, Jonathan told her of his long-held fantasy about having incestuous sexual intercourse with a daughter. A deal was struck: he would marry Sarah, if she agreed to allow him to have sex with their daughter as soon as it was possible. Continue reading

Encore: “Forgetting What We Know”

Rosemary's director is more horrible than her baby...because he's real.

Rosemary’s director is more horrible than her baby…because he’s real.

I noted with horror that Roman Polanski has a new film out that is, as usual, garnering rave reviews. Polanski is a perpetual burr under my metaphorical saddle, and when he is out of the spotlight I am a happier person. One of the early reviews, under the heading “About the director,” describes him this way:

“Roman Polanski is a Polish film director, producer, writer and actor. Having made films in Poland, Britain, France and the USA, he is considered one of the few truly international filmmakers.”

This leaves out what I would argue are the most important parts of his biography, namely that he is a child rapist and a fugitive from the law of the United States. He is also an ethics corrupter on a grand scale. When his name once again made its unwelcome intrusion on my senses, I recalled that one of the very first posts on Ethics Alarms, on Halloween of 2009, was inspired by Polanski. I read it again last night, and reflected on how the blog recently passed its 1,000,000th page view since its launch that same month. I like it, and not many people read it at the time. With a few small edits, I decided to post it again.

Here it is:

Ethics evolves. It isn’t that what is right and wrong actually changes, but that human beings gradually learn, sometimes so slowly it can hardly be detected. For example, slavery was always wrong, but for centuries very few people who weren’t slaves understood that fact. There was never anything immoral about being born gay and living accordingly, but it has taken all of the collected experience of civilization to make this dawn on most of society. While we are learning, and even after we have learned, there are always those who not only lag behind but who work actively to undo the ethical progress we have made. We assume these individuals will come from the ranks of ideological conservatives, misapplying valid concepts like respect for tradition, suspicion of change for change’s sake, and a reliance on consistent standards, making them slow to accept new wisdom . Sometimes, however, the people who try to make us forget what we know come from the left side of the political spectrum, misusing values such as tolerance, freedom, empathy and fairness in the process. This is especially true when it comes to the topic of sex. Liberals fought so long and well to break down the long-established taboos about sex that many of them lost the ability to comprehend that unethical conduct can  involve sex in any way.

The most striking recent example is the bizarre defense of Roman Polanski, best known as the director of the horror classic, “Rosemary’s Baby.” Continue reading

Comment of the Day: “Ethics Quiz: The Kidneys of Orlac”

But first, a last act of altruism...

But first, a last act of altruism?

The presumptive winner of the annual Ethics Alarms award for “Commenter of the Year” in 2013, texagg04has delivered a Comment of the Day expanding the topic of the post regarding a condemned prisoner in Ohio who wrangled a postponement of his execution so he could donate his organs to relatives. Here is  texagg04’s  take on “Ethics Quiz: The Kidneys of Orlac.” I’ll have some comments at the end.

“First, a murderer or other capital criminal being held responsible for his or her conduct seems to be in conflict with the same individual being allowed to display charity when you say they  forfeited their freedom, all of it, with their commission of a  capital crime. I’m not so sure it should be viewed from that angle.

Punishment serves a variety of purposes. Some petty crimes receive punishment designed to compensate, as best as can be, the victim – the victim being dead, capital punishment does not serve this purpose. Some crimes are of an anti-social nature, and the apt punishment seeks to rehabilitate or reconcile the perpetrator to the community. Capital crimes are so heinous that we have determined that the perpetrator must be completely cut off from society, through their death. In this case, the punishment does nothing for the victim OR for the criminal; the punishment is designed solely for the benefit of society.

If the criminal wishes to donate his/her organs to (what we must assume is to salve their own conscience – even though we can, probably, cynically assume is just a delaying tactic), we should not care one bit. They are gaining no material benefit from the community, nor are they engaging in any direct interaction with the community – so the act of cutting them off from the community as part of the punishment is still complete. Continue reading