Jack Phillips, the stubborn Christian baker who owns Masterpiece Cakeshop in Lakewood, Colorado, is being sued again, this time because he refused to make a custom cake celebrating a clients’ gender transition. In 2012, the baker refused to bake a custom cake for a same-sex wedding and was accused of unlawful discrimination on the basis of sexual orientation.
In Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018), the Supreme Court ruled 7-2 for Phillips overturning the decision of the Commission on the grounds that it was obviously biased against him as well as devout Christians. One commissioner even compared Phillips’s invocation of his Christian beliefs to justify rejecting the cake design to defenses of slavery and the Holocaust. Yeah, I remember that the Nazis were really unreasonable about cakes. SCOTUS never reached the constitutional question of whether the government can compel people to create speech or artistic expressions they object to on religious grounds or otherwise.
If a custom cake design is art, then I think the answer to this is easy: no. Similarly wedding photographs, though if you used what we got from our wedding photographer, calling them “art” is a stretch.
With a conservative Supreme Court, the baker wins. And yet…
The first time around, after finally getting all the facts, I held that both Phillips and the gay couple who obviously targeted him to bend him to their will were being jerks. My position hasn’t changed a bit. I wrote here,
I’m combining successive comments by a single commenter again. Humble Talent‘s observations regarding the angry “cultural appropriation!” reactions to Chris Cuomo saying he was “black inside” are wide-ranging and open up many difficult and fascinating ethics topics that I’m certain the 27 people still reading Ethics Alarms will find edifying.
HT began by responding to my query, “I wonder if Cuomo’s critic had the same reaction when Toni Morrison pronounced Bill Clinton as our first black President?”
They square this circle by comparing experience, neither is about objective reality.
Objectively, Cuomo is just as black as a fully intact biological man with gender dysphoria is a woman. But this isn’t about objectivity, reasonableness, or the truth…. It’s about oppression. Because really… What else differentiates someone who misrepresents their race, like Rachel Dolezal, or Shaun King, to someone who misrepresents their sex? Sure, both can be murky, is the child of a mixed race couple black or white? Is a person with Klinefelter or Turner’s syndrome a man or a woman? Progressives would usually say that the person With XXY or XYY are whatever they self identify as, and similarly for the mixed race child, whatever box they choose to mark. And if you get a fully intact biological man who believes that he’sa woman… Well, welcome to the club! But if you’re a white woman who puts on a lot of spray tan, dreds up her hair, and works as a black NAACP activist for most of her life… Fuck off bigot? I guess.
Courthouse News Service reports that a March 2 opinion by the 4th U.S. Circuit Court of Appeals in Richmond, Virginia has ruled that the Anderson Mill Elementary School in Spartanburg County, South Carolina and its principal had not exceeded their authority to regulate school-sponsored student speech when they refused to distribute a student essay on a controversial topic.
At issue was an essay authored by a 10-year-old girl on the topic of transgender individuals. Thework was originally included in an essay collection placed in the student’s classroom and distributed to parents. The school principal ordered the essay to be removed, telling the girl’s mother that it was age-inappropriate and would upset some parents. The mother filed a lawsuit on behalf of herself and her daughter for a claimed violation of the First Amendment, naming the principal, the school and the school district as defendants.
The law is pretty clear on this point, and I suspect that this was a pro-trans rights grandstanding and virtue-signaling exercise by someone who has time on their hands and money to burn, and who found a lawyer wanting to make noise about alleged anti-transgender discrimination…which this incident was not.
I regard such lawsuits as unethical abuses of process.
In “Utopia,” the strange and violent Amazon series about a mysterious graphic novel that turns out to be both true and a coded guide to an upcoming pandemic, the diversity propaganda is so heavy-handed that it could knock out Godzilla with a left cross. Let’s see: all the good couples are mixed race. A middle -class black woman takes in troubled white children. A white husband and wife have a family including multiple black and Asian children, which you would think violates the good couples are mixed-race rule, but it’s a trick: that white couple is villainous, and their white children are too, tough the minority kids seem to be OK. A group of assassins appears to include only whites, and the main heroine is black, though her character in the graphic novel that everyone is chasing after is white. Her female mentor is white, but she is so covered in grime that she looks black. (Why isn’t that blackface?)
At what point does this become so forced and absurd that audiences object to it?None of the race obsession adds a thing to the story except weirdness, and trust me, “Utopia” needs no more of THAT.
1. Welcome to my world! Here is a submitted comment to this post: the proud idiot “RidenwithBiden” (Oooh, clever!) writes, “My God, an entire website dedicated the the sanctimonious and bottomless brainwashed hypocrisy of traitorous right wing nut jobs.”
2. Here are some Biden voters I have no sympathy with whatsoever…President Biden signed an executive order that will require institutions receiving Title IX funding to allow biological males who identify as female to compete in women’s athletic events. This should effectively kill women’s sports while making a joke out of “competition.” Women voted overwhelmingly for Joe Biden, a serial sexual harasser who was accused of rape on the record by a staffer, and he was clearly going to do this. Now feminists and women’s sports advocates are whining?
What betrayal? Sorry that you weren’t paying attention, but it was always obvious that the most extreme end of the LGBTQ lobby was pulling Joe’s strings. The one who betrayed female athletes were feminist voters. Own it, ladies.
Children are being bombarded by media and social media propaganda asserting that a vast number of people are trapped in bodies having the “wrong” sex organs, and celebrating the “T’s in the LGBTQ+ interest-group-of-convenience as the cool new martyrs. Thus an increasing number of these children convince their woke and irresponsible parents, and doctors who would rather be politically correct than “do no harm,” to divert their fates from the natural biological path to something else, because everybody is doing it, or everybody is saying it’s the right thing to do. It shouldn’t take much to figure out this is a terrible trend based on terrible reasoning, but there are so many such trends and ideas flourishing now that it’s hard to bat them all away.
And so we have the case of 23-year-old Keira Bell in Great Britain, who is suing a National Health Service gender clinic that she says should have challenged her decision to transition to male as a teenager. A tomboy as a child, Keira says her determination to switch gender gradually built up as she found out more about transitioning online, and “one step led to another.”
1. It deliberately or ignorantly confounds bias with hate. Bias is a preference that may or may not be rational. There is no evidence that those men who would not choose to date trans women hate them. Do short men choose not to date tall women because they hate them? Do educated men prefer not to date high school drop-outs because they hate them?
2. Thus the poster denies the human right to choose who we want to have romantic relationships with. If it’s hateful not to want to date women who used to be men, then it’s hateful to choose only to date attractive women, thin women, strong women, Jewish women, women of one’s own religion, nationality or race. Personal preference is itself unacceptable if it does not advance the current definition of social justice.
Monty Python legend John Cleese apparently has decided that to hell with it, he’s going to get himself canceled, and he doesn’t give a damn if he is. The tweet above was part of a long string of them tweaking transgender activists, J.K. Rowling haters and more, but his “woke joke” was especially apt.
The Australian singer Sia (never heard of her—you?) wrote and directed an soon-to-be released movie titled “Music” about a young woman with autism. Music is played by actress Maddie Ziegler, who is apparently not on the autistic spectrum.
I mentioned earlier that I had stopped checking New York Times Sunday advice column “Social Q’s” because its author, Phillip Gallanes, had apparently received the memo from Times brass so his advice and choice of queries were now primarily “woke” propaganda. However, reading material in our bathroom was recently in short supply, forcing me to peruse two recent Gallanes columns in which there was one interesting ethics issue raised, and two others that were a perfect examples of where Gallanes’ biases make him an untrustworthy advice columnist.
1. The photograph:The interesting issue regarded a daughter whose parents had recently died, and who was shocked that a valuable photograph was not directed her way in the distribution of the estate. It was, she said, second only to the parents’ home in value, and had appreciated in value greatly in the decades since it was given. Didn’t she have a right to get the photo, since she had given it in the first place? Wasn’t it unethical for the parents to treat it like the rest of their estate?
Gallanes properly pointed out that there was no basis for her assumptions in law or ethics. There are no strings attached to transfers of property unless they are made explicit at the time of the gift. What a cumbersome societal norm that would be: an estate is obligated to figure out the original source of every object of value and make sure they return to the original giver! What Gallanes didn’t say, and I would have, is “Who are you kidding? You want the valuable item, and have concocted a phony justification for claiming it.”
1. Some things just aren’t true because you want them to be. In Great Britain, Freddy McConnell gave birth after transitioning (but obviously not completely, correct?), so he is fighting in the courts to be officially listed as his child’s father rather than his mother. His argument has been repeatedly rejected, most recently when he unsuccessfully appealed the court decision that he could be registered only as his son’s mother. He now wants to take his case to Britain’s Supreme Court.
What is it about people who think that the law can and should declare up to be down (because they prefer down) and why do they feel it is reasonable and ethical to take up time and resources to try to force the government to endorse an eccentric interpretation of reality? This reminds me of the argument that Bruce Jenner’s victories in the Olympics should be recorded as wins by his future female alter-ego. But women can’t compete in those events, can they? Similarly, the human being that gives birth to another human being is that individual’s mother, by definition. Like Abe Lincoln’s quip about how a dog doesn’t have five legs just because you call its tail a leg, McConnell can call himself anything he likes, and have his child call him what he likes. But he’s still kid’s mother.
Explain, please, why it’s somehow racist to call the virus that came from the Wuhan Province in China “the Wuhan virus,” or the Chinese virus, but the same paper that has championed the cheap Trump-bashing tactic of condemning the naming of a pandemic after its place of origin refers to a “vicious insect” from Asia the “Asian Giant Hornet’?
Then there is this head-exploder: In China, Wuhan has passed Beijing as the top domestic destination for Chinese tourists. It ranked only eighth before the pandemic.
The hashtag “武汉成为疫情后网民最想去旅游的城市,” roughly translated as “Wuhan is the top city netizens want to visit after the epidemic” has become viral on Chinese social media. Why? Apparently it’s because something momentous happened there. History!
So to sum up: Chinese people regard Wuhan as the origin of the pandemic, and that makes it more attractive to them as a tourist destination, but if Americans identify the same area with the pandemic here, they are racist. Continue reading →
People appear to be going nuts….in many cases, the exact same people who have, in the recent past, pressed Impeachment/Removal Plan E, ”Trump is mentally ill so this should trigger the 25th Amendment.” Ironic.
This week I stumbled across a comedy now playing on Netflix starring Stephen Yeun, most memorably seen on “The Walking Dead” with half his head caved in and his eyeball hanging out. The movie is called“Mayhem,”and is about a kind of flu that removes people’s impulse control, causing them to do and say whatever they feel like doing or saying, no matter how inappropriate or illegal. The illness strikes a BIgLaw firm, which is quarantined and locked down while its employees go bananas. It’s an excellent metaphor for what is going on right now, but much funnier.
And so far, at least, bloodier.
So far.
1. And now for something completely stupid...Even after being warned at the Golen Globes by Ricky Gervais that they know nothing about the real world and should avoid making political pronouncements, Best Actor winner Joaquin Phoenix announced after the award show that in order to help save the planet from climate change, he would wear the same tux to all the awards shows this year. He really said that. No, seriously, he really did, and he was not engaging in satire (but if the Babylon Bee used that as a story, everyone would assume it was satire.) Then designer Stella McCartney company, also apparently seriously, tweeted (because that tux the actor will be wearing is one of theirs), “This man is a winner… wearing custom Stella because he chooses to make choices for the future of the planet. He has also chosen to wear this same Tux for the entire award season to reduce waste. I am proud to join forces with you.”
I’ve worn the same tux for ten years. Phoenix doesn’t even pay for his tuxes (I pay for mine!), like his female colleagues who get their designer gowns free. There have been some funny jokes about the actor’s ridiculous virtue signaling, many involving underwear, but never mind: what I want to know is, how can anyone take people who think like this seriously, or respect anyone who solemnly nods when they hear about such pompous nonsense, “Hey, right on, man. Save the planet”? Yet a substantial chunk of an entire political party appears to be this far gone.
2. Wait—are they trying to make our heads explode like those robots and computers that Captian Kirk would destroy by making them think about a contradictory statement? Is that their plan? I admit: I don’t understand this at all. A “Saved by the Bell” reboot, sequel, whatever you want to call it, is on the way. Starring original stars Mario Lopez (who now hosts celebrity gossip shows) and Elizabeth Berkley (whose career never recovered from her starring in the camp classic “Showgirls,” the plot sounds nauseatingly ‘woke,” as it involves now California Govetnor Zack Morris (the gown up character in the original played then by Mark Gosselaar, who actually has a career and doesn’t need to stoop this low) being criticized for closing too many low-income high schools, so he announces that the affected students will be sent to the highest-performing schools in the state, including his old stomping grounds, Bayside High. Hilarious! I smell a hit! But here’s the beauty part: playing the role of the cutest, most popular cheerleader at Bayside, the role originally played by Tiffany Amber Thiessen, will be played by Josie Totah, a transgender female ( transgender male? I’m still unsure of the right terminology. She began life as a male). Isn’t this just a stunt? On one hand, I’ll fight to the death for the right of any actor to play any role, wear any make-up, use any device, as long as the vehicle itself doesn’t suffer. On the other hand, by casting a transgender actress who has made a point of publicizing her biological origins, the production guarantees that nobody will be able to watch “Lexi” without thinking about things that have nothing to do with “Saved by the Bell.” Continue reading →
