same-sex marriage

End Of Week Ethics Alarms, 10/11/2019: The Liberty Under Attack Edition

/ Jack Marshall / 39 Comments

Wait…

I’m looking forward to the weekend  even though I’ll be working throughout.

I’m obviously an idiot.

1. My Ethics Alarms doesn’t even “ping!” on this one.  KTVU, the Bay Area’s Fox affiliate, summarized the St. Louis Cardinals’ devastating win over the Braves in Game 5 of the National League Division Series with a chyron reading, “Braves Scalped.” The Horror! Exclaimed the always sensitive Yahoo! Sports, “That’s straight out of the yikes factory. Particularly given the conversation that’s surrounded the Braves recently. A Cardinals pitcher of Native American descent objected to the Braves’ infamous tomahawk chop and the team responded Wednesday by toning down its use of the chop. There’s not any good time to roll out a “scalped” headline, but this was a particularly bad one.” The headline to the story says the headline is “racist.”

OK, why? I want one good reason. If a team is going to call itself something other than “The Baseball Players,” which would be strikingly unoriginal, you have to admit, then metaphors and colorful language relating to that teams’ nickname are automatically appropriate. “Orioles’/Cardinals’/Bluejays’ Wings Clipped!”…”Red Sox/Whie Sox unravel!”…”Tigers/Cubs/ Declawed!”…”Nats Swatted!”…”Giants Dwarfed!”…  “Pirates Walk The Plank!”…”Diamondbacks Rattled!”…”Mariners Sink!” But “Braves (or Indians) Scalped!” is an outrage? The team lost 13-1! The Braves were down 10-0 after the first half-inning; it was an epic slaughter. I could u8nderstand the discomfort if Native Americans never scalped their adversaries, but they did. This isn’t some kind of historical slander. Let’s see…here’s some of a rather scholarly article on the subject of scalping…

…the languages of the eastern Indians contained many words to describe the scalp, the act of scalping, and the victim of scalping. A Catholic priest among the Hurons in 1623 learned that an onontsira was a war trophy consisting of “the skin of the head with its hair.” The five languages of the Iroquois were especially rich in words to describe the act …To the Mohawks and Oneidas, the scalp was onnonra ; the act of taking it, kannonrackwan . Their western brothers at Onondaga spoke of hononksera , a variation of the Huron word. And although they were recorded after initial contact with the Europeans, the vocabularies of the other Iroquois nations and of the Delaware, Algonquin, Malecite, Micmac, and Montagnais all contained words for scalp, scalping, and the scalped that are closely related to the native words for hair, head, skull, and skin. That these words were obviously not borrowed from European languages lends further support to the notion that they were native to America and deeply rooted in Indian life….paintings and drawings reinforce that image. The single most important picture in this regard is Theodore de Bry’s engraving of Le Moyne’s drawing of “How Outina’s Men Treated the Enemy Dead.” Based on Le Moyne’s observations in 1564-65, the 1591 engraving was the first pictorial representation of Indian scalping, one faithful to Le Moyne’s verbal description and to subsequent accounts from other regions of eastern America. The details—sharp reeds to extract the scalp, drying the green skin over a fire, displaying the trophies on long poles, and later celebrating the victory with established rituals by the sorcerer—lend authenticity to De Bry’s rendering and support to the argument for the Indian invention of scalping….[I]n the end, the American stereotype of scalping must stand as historical fact, whether we are comfortable with it or not.”

In summary, the word was obviously not meant literally to refer to a baseball game. Nor was the use of it was in no way libelous to real Native Americans. Yahoo’s pearl-clutching, and that of social media political correctness cops, is more offensive by far than the Fox chryon.

2.  As if you didn’t have to jump through too many hoops to fly already…In 2005, Congress passed the Real ID Act, which made the addition of a star to state IDs  and drivers licenses necessary to have access to nuclear power plants and federal facilities. Then some genius decided that access to airplanes should be added to the list. Continue reading →

Ethics Dunce: District Attorney Craig Northcutt

/ Jack Marshall / 21 Comments

How long will it take our communities to exile social Neanderthals like Craig Northcutt to jobs where their bigotry and un-American values can only harm the people foolish enough to voluntarily associate with them?

Northcutt is the Coffee County (Tennessee) District Attorney, and a 2018 videotape reveals him saying such things as,

  • Regarding the Supreme Court decision declaring it unconstitutional to prevent gay couples from marrying: “Five people in black dresses rule us — it just takes five votes, it doesn’t take all nine.”

That statement is per se moronic, as well as irresponsible.. A ruling by any judicial panel is just as binding and has exactly as much force in law regardless of the vote. Northcutt is encouraging defiance of the law.

  • “DAs have what’s called prosecutorial discretion. Y’all need to know who your DA is. Y’all give us a lot of authority whether you know it or not, We can choose to prosecute anything, we can choose not to prosecute anything, up to and including murder. It’s our choice, unfettered. So, to deal with that, you elect a good Christian man as DA, and you’ll make sure at least [Christians] don’t get prosecuted criminally.”

Translation: “I’m biased, prejudiced, conflicted, and incapable of enforcing the law fairly and objectively., and don’t even want to, or know why I should” Continue reading →

Ruby Tuesday Ethics Warm-Up, 5/21/2019: Of “Bad Charity,” Fake Headlines, Dumb Atticus, And Being Mean To Mr. Ratburn

/ Jack Marshall / 23 Comments

Tuesday’s child is full of grace.

Tuesday’s ethics, not so much…

1. The other shoe drops...the New York Times yesterday editorialized against the  generous gift to Morehouse students by billionaire and Ethics Hero Robert F. Smith.  It also took a swipe at Smith himself, whose wealth the Times appears to consider suspect. What the mouthpiece of the Left is lobbying for is Bernie Sanders’ free college for all, meaning that not just billionaires but you and I will all have to pay for inflated tuition at institutions that do not so much teach as indoctrinate (or, in the case of Ohio State and who knows what others, molest).

The wonderful thing about Smith’s gift is that it was a complete surprise. The students had a strong financial motivation not to waste their college years taking useless courses on the Patriarchy of Gas Grilling, and instead had every reason to try to prepare themselves for the workplace. Free college education becomes a privilege and a lark, with no accountability or commitment required.

2. Fake Headline Dept. I have seen this in several places: “Ciara Accepted Into Harvard University’s Prestigious Business School.”  (Ciara is a pop diva, if you care.)

Uh, no, she wasn’t. She is going to attend a  Business of Entertainment, Media and Sports program at the B-school that lasts all of three days. She’ll pay for it, too. Ciara doesn’t have a college degree, not that there’s anything wrong with that, but I bet she’ll tell people for the rest of her life that she attended the Business School, just like Bill O’Reilly still says he’s a Harvard grad because he attended the Kennedy School of Government on campus.

Not that a Harvard degree is anything to boast about these days… Continue reading →

Morning Ethics Warm-Up, 3/25/2019: Woke Up Really Sick Of Democratic Party BS This Morning. I’m Sure I’ll Get Over It…

/ Jack Marshall / 25 Comments

Good Morning!

…as the Mueller report lets the sunshine in…

1. Thank goodness judges don’t bake cakes…the American Bar Association’s Standing Committee on Ethics and Professional Responsibility have issued Formal Opinion 485. It holds that judges who perform marriages, either as an obligation of their office or by choice, may not refuse to do so for same-sex couples. The opinion emphasizes that regardless of their backgrounds, personal views or philosophies, judges must follow the law and act impartially, free from bias or prejudice.

I’d say the opinion is unassailable for a judge who regularly performs marriages  as a mandatory part of his or her job. A judge who is not so required, presumably, can choose not to perform any marriages at all. I bet some judge will challenge the proposition, however, that a  religion-based refusal to perform an optional civil wedding is per se “bias or prejudice.” [Source: Legal Ethics in Motion]

2. Welcome to my world...This week I am doing several ethics programs, one of which (not in legal ethics) I have presented over many years. Last year, I was told that the 2 hour program I had been presenting to the group only needed to be 90 minutes, so the materials I prepared and submitted indeed covered that amount of time, as did my presentation.  This year, I again prepared for 90 minutes. Now, looking at the conference’s two-day program, I see that my seminar is listed in the program as two hours again. That’s a mistake, but it’s too late to correct it: the attendees plan on getting professional credit. So what is my most ethical response? I could…a) stretch the material to two hours, but that’s a 30 minute stretch. b) At my own expense, create an additional 30 minutes of material, copy the materials, distribute them, and never mention that the conference manager, my long-time contact, screwed up. c) Use this crisis as leverage to negotiate a supplement to my fee for the necessary upgrade. d) End after 90 minutes, tell the attendees why, and suggest that they take up the matter of the missing credit with the conference organizers. e) Do the upgrade, present it, and then bill the conference for my time. Continue reading →

Sunday Ethics Refresher, 3/24/2019 [PART II]: Bill of Rights? What Bill Of Rights? [CORRECTED]

/ Jack Marshall / 35 Comments

Now it’s “Good afternoon!”

Sunday’s depressing ethics potpourri continues…

3. Psst! San Antonio! This is unconstitutional! The San Antonio City Council rejected  Chick-fil-A ‘s application for a site at its airport this week because the company’s foundation has contributed to organizations that oppose same-sex marriage

Councilman Robert Treviño told the news media that the council made the decision based on “inclusivity.”

“With this decision, the City Council reaffirmed the work our city has done to become a champion of equality and inclusion. San Antonio is a city full of compassion, and we do not have room in our public facilities for a business with a legacy of anti-LGBTQ behavior. Everyone has a place here and everyone should feel welcome when they walk through our airport.”

Have these fools and censors even read the Bill of Rights? A government can’t penalize a business because it doesn’t like the opinions of its owner or management. This is viewpoint discrimination, and a screamingly obvious First Amendment violation. As Chick-fil-A accurately pointed out in its response, no one has ever been refused service or treated differently in one of the company’s restaurants because of race, gender, ethnicity, sexual orientation or gender identity. That’s their LGBTQ “behavior,” not their entirely legal and protected choice of charities and non profits.

Once again from the Democratic Party and the Left we whiff the rotten stench of nascent totalitarianism. Believe as we do, or be punished. This is the same company several Democratic mayors said were not welcome in their cities. Once again, this unconstitutional and undemocratic act by San Antonio’s Democrats is assured of a reversal by the Supreme Court, and if Justice Ginsberg still has most of her marbles and Sotomayor isn’t chasing rainbows and unicorns, it ought to be a 9-0 vote.

Local government actions like this ought to concern followers of both parties equally. The First Amendment should not be a partisan issue. Continue reading →

Ethics Observations On The Masterpiece Cake Shop Decision

/ Jack Marshall / 39 Comments

The Supreme Court ruled today in favor of Jack Phillips, the Christian baker in Colorado who refused to bake a custom wedding cake for a same-sex couple. The Court  found that the Colorado Civil Rights Commission infringed on Phillips’s rights in ruling that he violated the Colorado anti-discrimination law barring merchants from refusing service based on race, sex, marital status, or sexual orientation. The ruling is narrow; it does not empower merchants to deny service based on sexual orientation.  It is based entirely on  the Colorado Civil Rights Commission’s  hostility toward Phillips’s religious views in ruling against him.

Observations:

1. Justices Ruth Bader Ginsburg and Sonia Sotomayor were the only dissenting votes, meaning that the decision was 7-2, and not a “conservative vs liberal” outcome. Even the dissent is based on narrow legal and factual distinctions rather than ideological ones.

2. Read the opinion, and the dissent. Also, if you really want to impress your friends, access the resources available here.

3. These statements from Justice Kennedy’s majority opinion, cited by Justice Ginsberg, help clarify matters in the right legal and ethical direction:

  • “[I]t is a general rule that [religious and philosophical] objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law.”
  • “Colorado law can protect gay persons, just as it can protect other classes of individuals, in acquiring whatever products and services they choose on the same terms and conditions as are offered to other members of the public.”
  • “[P]urveyors of goods and services who object to gay marriages for moral and religious reasons [may not] put up signs saying ‘no goods or services will be sold if they will be used for gay marriages.’ ”

The ruling could have hardly been less of a ringing endorsement of either “side.”

4. To which I say, “Good.” As I wrote the last time this case was discussed here,
Continue reading →

It’s A Comment Of The Day Weekend! First Up…Comment Of The Day (3): “An Ethics Alarms Holiday Challenge! Identify The Rationalizations, Logical Fallacies, Falsehoods And Outright Errors In This Essay…” AND, In Related News, Another Bakery Gets Slammed In Oregon

/ Jack Marshall / 271 Comments

I’m not exaggerating: I have at least four Comments of the Day stacked up on the Ethics alarms runway after this one, and there are usually COTDs arriving on Saturdays. I can’t promise to get all of them up today, especially since I’m hacking away at the 2017 Ethics Alarms Awards, and this is a long working weekend at ProEthics. Still, I will get a lot of them to you, and it’s a provocative group, as you will soon see.

But first, a prelude and some context.

An Oregon appellate court this week upheld a ruling against the owners of the since-closed Sweetcakes by Melissa,  Aaron and Melissa Klein, forcing them to pay emotional-distress damages of $135,000 to Rachel and Laurel Bowman-Cryer, a lesbian couple for whom they refused to design and sell a wedding cake almost five years ago. The Klein’s argued that state Labor Commissioner Brad Avakian violated state and federal laws and their rights as artists to free speech, their rights to religious freedom and their rights as defendants to  due process.

The Oregon court ruled that the Kleins’ argument that their cakes entail an artistic expression is “entitled to be taken seriously,” but it’s not enough for the couple to assert their cakes are pieces of art:

“Although we accept that the Kleins imbue each wedding cake with their own aesthetic choices, they have made no showing that other people will necessarily experience any wedding cake that the Kleins create predominantly as ‘expression’ rather than as food.”

This mess commenced  when Rachel Bowman-Cryer went to the suburban Portland bakery with her mother in January of 2013. When Aaron Klein was told that the wedding did not involve a male partner,  he said that the bakery did not make cakes for same-sex weddings. They left, but soon the mother returned to argue with Klein as Rachel sat in the car, weeping. her mother went in to speak with Klein. The mother told Klein she had once thought like him, but having two gay children forced her to see the error of her ways.  Klein retorted with Leviticus: “You shall not lie with a male as one lies with a female; it is an abomination.”

The complaint and action by Oregon’s Bureau of Labor and Industries followed. You can read the opinion here.

Ugh.

This case is even worse than the one currently before the Supreme Court, discussed here. Continue reading →