Tag Archives: respect

Welcome To The Slippery Slope! Fordham’s Coffee Shop Bigotry

A recent episode at Fordham illustrates quite effectively the way American society could unravel as a result of a Supreme Court decision supporting the Masterpeice Cakeshop’s claim that its faith-based objection to same sex marriage should justify restricting service to some customers.

Rodrigue’s Coffee House is an off-campus coffee shop run by a student club at Fordham University.

The shop has a “Safer Space Policy” that reads…

“Rodrigue’s strives to be a safer space on Fordham’s campus. For these reasons, consider the following:

Do not make assumptions about someone’s gender, sexuality, race, class, or experiences. Be aware of your own identity, while being considerate of the personhood of your peers. Be mindful of the ways in which your words and actions impact others. Be aware of the boundaries of other’s space, physical or otherwise, and respect their consent. No racism – No sexism – No homophobia. If you feel that someone has transgressed this policy, we want you to feel comfortable confronting them or approaching a member behind the counter, who is available as a resource to assist you.”

This is Authentic Frontier Gibberish and first degree virtue signalling, and could be fairly translated as “We are pompous and oppressive social justice warriors who are intolerant of the views, statements, or opinions of anyone who does not share our rigid and undeniably correct ideology. We hereby declare our right to ostracize such non-conforming individuals on the basis of what we, in our sole discretion, consider hate speech. Fear us.”

Fordham College Republicans visited the coffee shop wearing MAGA hats. Sure, they did this to provoke a response, knowing what the likely reaction would be, much like a gay couple deliberately asking for a wedding cake at a Christian bakery.  Memorialized in the video above, the president of the club didn’t disappoint, and angrily ordered the College Republicans to leave the premises.

“This is a community standard—you are wearing hats that completely violate safe space policy. You have to take it off or you have to go…I am protecting my customers,” the president said. Note that she was “protecting” his customers from exposure to the thrice-removed (initials, the phrase “Make America Great Again” which is benign on its face, and its association with the Trump campaign) message on a cap.

“We are your customers, we bought something,” one of the young Republicans replied.

“I don’t want people like you supporting this club… no one here wants people like you supporting our club,” the president answered. “I am giving you five minutes….You are threatening the integrity of our club. This is a community standard—you are wearing hats that completely violate safe space policy. You have to take it off or you have to go.”

When one of the students then asked her to explain what she thinks the MAGA hat stands for, to which she shouted, “Fascism, Nazis! You have three minutes.”

Legally, of course, this conduct is distinguishable from the conduct of the same-sex marriage decrying cakeshop owner. There is no law prohibiting a proprietor from behaving like a vile, intolerant, rude, bigoted asshole, just basic standards of decency.  Nor is there a law protecting conservatives from invidious discrimination in public accommodations based on passively displayed political beliefs, although if this kind of thing starts proliferating, there will be.

However, the toxic effects on the culture by the two examples of intolerance and disdain for other citizens and human beings is exactly the same. Each is similarly mean-spirited, each is based on excessive self-righteousness, and each equally harms society, and the nation by elevating tribalism to standard practice. The theory of the coffee shop proprietor, I suppose—that the mere presence of a hat with initials on it is “unsafe” —-is marginally more outrageous and idiotic than the baker’s claim that selling a cake for a wedding he will not attend, is not invited to, that will never impose on his consciousness once the customers walk out the door unless his cake turns out to be poisoned, and that will take place whether he provides the cake or not,  is a burden on his religious faith. Marginally. They both constitute  unethical mistreatment of other human beings who deserve better, and breaches of the Golden Rule. That in both cases the victims of the unethical conduct may have intentionally presented themselves to be abused does not mitigate the abuse.

I might as well state the obvious, that the members of the intolerant club operating the shop are 100% behind the cause of forcing the cakemaker to sell the gay couple a wedding cake, but believe it is fair and just to refuse to sell Republicans a muffin.

Sometimes I am embarrassed that I even have to write a post. This is one of those times.

If higher education is manufacturing future citizens who think and act like the club president running the coffee shop, then higher education is doing the nation more harm than good.

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Comment Of The Day #4: “Back To The Bigoted Baker: It’s Complicated…More Than I Thought”

Ryan Harkins’ Comment of the Day, the fourth on the post about the Great Cake Controversy ,responds to #3, by Extradimensional Cephalopod.

The four COTD’s cover a great deal of legal and ethical territory and if not the full spectrum of positions on this difficult topic. Ryan’s three predecessors can be read here:

After you read #4, I’ll ask you which of the COTDs come closest to your own opinion. If the answer is “none of them,” by all means try for #5!

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

EC,

I hate to answer for the baker, so I hope you don’ mind if I respond with how I would answer.

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?

It would not be against my religion, no.

One thing I want to point out about your line of inquiry here is that you are divorcing the mechanical action of making a cake from the purpose of making a cake. A cake is a cake, and apart from any purpose, it remains a cake with no further meaning than a configuration of confectionery molecules. But the purpose for making the cake defines the context. If you wanted me to bake you a cake so you could bury it in your backyard, I wouldn’t have any religious objections to that, but I would certainly object to having the fruits of my labor just thrown away. Just as I would object if you wanted me to write you a book so could use the pages of the book as toilet paper.

The purpose of making a wedding cake is for it to be displayed and consumed at a wedding. If you aren’t going to use the cake for a wedding, ontologically speaking, could it even be a wedding cake?

Do I have to show him a marriage license?

I wouldn’t require that. My general standpoint would be to take people at their word. That being said, if I knew you and you were known for pranks, were opposed to marriage in general, and nothing I knew about your recent activities hinted at a wedding, I might want some actual proof that a wedding was occurring.

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?

Since I’m Catholic, I’ll just toss out what the Catholic Church teaches about marriage. Marriage is universal. Historically, marriage permeates pretty much every culture. Marriage is an institution that has, for the most part, united a man and his wife to the children they bear together. Marriage does not require a profession of faith, because it is a foundational institution of mankind. That is why eating, drinking, and shelter don’t require a profession of faith. They are also foundational aspects of the human condition. So, there is no objection to two atheists marrying.

Where the religious context comes into view is with the nature of that marriage. Catholics profess that Jesus elevated the institution of marriage to a sacrament. This means that a valid marriage between baptized individuals cannot be dissolved save by the death of one of the two parties. But that does not mean every marriage is sacramental. If one of the two parties is not baptized, the marriage is still a valid marriage, but it is not a sacramental marriage. Thus it could be dissolved, and either party would be free to re-marry.

A funny oddity of terminology crops up in Catholic teaching. Since a valid, sacramental marriage cannot be dissolved, but since parties can licitly separate for serious reasons (abuse, abandonment, adultery, addiction), a Catholic can be married and divorced at the same time…

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.

I agree with you to a certain extent, here. The artistic quality is its own concern. It is the teleological purpose of the cake that is the true contention. So that raises a question: if I bake a cake that I do not intend to be used at a wedding, but looks just like a cake that I do intend to be used at a wedding, is it a wedding cake? To use some technical terms, there is the essence of a thing, and there are the accidents of a thing. The essence of a thing is what is essential to a thing being that thing; accidents are just features that particular thing has that are not essential to a thing being that thing. The essence of a chair is something to sit on. Accidents of a chair are having one leg, or three, or four, having a back, not having a back, etc. So what is the essence of a wedding cake, and what are the accidents of a wedding cake? I think the only essential difference between a wedding cake and a non-wedding cake is the intent for which the cake is made. The only part I waffle on is the cake-topper…

On a separate note, I assert that religion ultimately must be subordinate to the law of the land.

I’m uncomfortable with how you phrase this, so let me toss out what I think about this, and let me know if it does or doesn’t conform with what you’re thinking. Continue reading

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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

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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

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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

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Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading

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Ethics Quote Of The Week, And A Few Related Diversions

My son is named after this President, incidentally.

The quote itself is by Ron Chernow, the historian who authored the recent well-reviewed biography of out 18th President, “Grant,”  “Hamilton,” the biography that inspired, we are told, the mega-hit musical. and “Washington” (won’t somebody send a copy to the fools at Christ Church?) was given to an interviewer as his description of another book, the Philip Roth’s historical novel  “The Plot Against America”:

[A] democracy can be corrupted, not by big, blaring events, but by a slow, insidious, almost imperceptible process, like carbon monoxide seeping in under the door.

Some random thoughts on this statement, which I believe is exactly right, and a lot more interesting than the more frequently used analogy about boiling a frog slowly:

  • Grant, as Chernow’s book (among others of recent vintage) documents, was present at one of those points when democracy seemed to be in the process of being poisoned, and acted forcefully.

By 1868, when Grant was elected to succeed Andrew Johnson, who had done everything he could to allow the South to resist extending civil rights to the newly freed slaves, the KKK had evolved into a powerful terrorist organization that referred to itself as  “The Invisible Empire of the South.” Under the  Klan’s first  “Grand Wizard,” the brilliant former Confederate cavalry general  Nathan Bedford Forrest, whites from all classes of Southern society joined the Klan’s ranks. They attacked and punished newly freed blacks for crimes like  behaving in an “impudent manner” toward whites, brutalized the teachers of  schools for black children, and burned schoolhouses. It also terrorized and often murdered Republican party leaders those who voted for Reconstruction policies.  In Kansas over 2,000 murders were committed as the 1868 election approached; in Louisiana, a thousand blacks were killed in the same period.

Grant entered office knowing that the Civil War victory could come apart. He made some bad appointments–Grant was naive about politics and trusted too easily—but his choice as Attorney General, Amos T. Akerman, was masterful. With Grant’s support, and the with the help of the newly created Justice Department under Grant, he vigorously worked to enforce the Fifteenth Amendment, which gave the vote to black men in every state, and the First Reconstruction Act of 1867, which placed tough restrictions on the South and closely regulated the formation of their new state governments. Between 1870 and 1871, the Republican Congress passed and Grant signed into law the Enforcement Acts, which made it a crime to interfere with registration, voting, officeholding, or jury service by blacks. Congress also passed the Ku Klux Klan Act, which allowed the government to act against terrorist organizations.

  • When I was growing up and becoming interested in the Presidents, a life-long passion that led me to both law and ethics, Grant was routinely listed as one of the worst in the line. All one heard from historians was about the financial scandals that rocked his administration. Grant’s great success in subduing the Klan was literally never mentioned. The main Presidential historian then was Arthur Schlesinger Jr., a member of Jack Kennedy’s inner circle. His job as he saw it was to minimize the contributions of any Republican President, like Teddy Roosevelt (“near great” in his rankings), Eisenhower (“below average”) and Grant (“failure’). Meanwhile, Woodrow Wilson, who dragged the U.S, into the first World War, botched the Versailles Treaty and who actively revived the Klan, being a stone-cold racist, was “great.” Naturally, I believed all of his distortions, which were largely those of the historians at the time, then, as now, often partisans and propagandists. It took me a while to realize that this had been my first encounter with the Left attempting to alter present perception by controlling the past.

That is one of the major sources of Chernow’s carbon monoxide today, except that the disinformation now emanates from the schools, colleges, and the news media. Continue reading

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