Utah

Gay Marriage Combat Flashback: “When A Boycott Is Unethical”

/ Jack Marshall / 5 Comments

Prop 8

Prolific commenter Steve-O suggested that my previous post, Planet Ethics To Earth’s Gay Marriage Combatants: “You’re Mean, You’re Disgusting, And You’re Embarrassing The Human Race”, would have done more good if I had written it a few years ago. That’s hindsight bias, of course, but I did point out the unethical nature of similar tactics more than a few years ago, when gay marriage advocates announced a boycott against the state of Utah. ( I also, more than a decade ago, explained why this debate would be intense and emotional, and suggested the only chance, admittedly a faint and likely futile one, that the anti-gay marriage forces had to prevail.) Steve’s suggestion is also fanciful, in that Perez Hilton’s inane pronouncements on a Lindsay Lohan Instagram carry about 100,000 times more weight and influence than anything written here, and probably more than anything written about ethics issues anywhere, by anyone.

With that sad fact noted, the renewal of the problem of punitive and unfair boycotts as well as the escalation of brutal tactics in the gay marriage wars justifies a re-print of this essay from the Ethics Scoreboard from 2008, shortly after Proposition 8 was voted into law by Californians. As an aside, I note with some nostalgia the sober style in which Scoreboard posts were written. Therein lies the difference between an ethics website that posted essays composed over several days, and an ethics blog that attempts to keep up with multiple issues a day. The former is certainly more professional in tone; the latter is more personal and unfiltered, and, as a result, more read.

In the wake of California’s popular vote to over-ride its Supreme Court and establish marriage as restricted to heterosexual couples, gay rights advocates are urging an economic boycott of the state of …Utah.

Why Utah? Well, the Mormon Church, based in Salt Lake City, encouraged its members to work for passage of California’s Proposition 8. Thousands of Mormons worked as grass-roots volunteers and Mormon contributors gave tens of millions of dollars to the campaign. “At a fundamental level, the Utah Mormons crossed the line,” said gay rights activist John Aravosis, whose AmericaBlog.com is urging the boycott. “They just took marriage away from 20,000 couples and made their children bastards. You don’t do that and get away with it.” Continue reading →

Rape, Consent, and the Unconscious Lover

/ Jack Marshall / 12 Comments

unconscious

Maybe Republicans should just keep their mouths shut whenever rape is being discussed. You know, just to be on the safe side.

Utah is considering legislation designed to protect the incapacitated from having to prove they did not consent to sex. The bill, an amended version of current law, was introduced after a 2013 case in which a man was charged with raping an unconscious neighbor on her porch. Republican state Representative Brian Greene prominently stepped into the Todd (“Legitimate Rape”) Akin Zone when he questioned the measure as too broad, saying,

“If an individual has sex with their wife while she is unconscious … a prosecutor could then charge that spouse with rape, theoretically. That makes sense in a first date scenario, but to me, not where people have a history of years of sexual activity.”

This, as you might imagine, ignited quite a bit of criticism. Greene appeared to be saying that it was okay to have sex with your spouse if he or she were unconscious. (He later issued a classic non-apology apology. I rate it a #7 on the Ethics Alarms Apology Scale) Continue reading →

KABOOM! Homophone-phobia In Utah

/ Jack Marshall / 14 Comments

headexplode

I thought this had to be a hoax.

I prayed it was a hoax.

It’s not a hoax.

Now I’m washing my brains off the ceiling using a rag on a stick.

Behold…from the Salt Lake Tribune:

“…the social-media specialist for a private Provo-based English language learning center wrote a blog explaining homophones, he was let go for creating the perception that the school promoted a gay agenda. Tim Torkildson says after he wrote the blog on the website of his employer, Nomen Global Language Center, his boss and Nomen owner Clarke Woodger, called him into his office and told him he was fired. As Torkildson tells it, Woodger said he could not trust him and that the blog about homophones was the last straw. “Now our school is going to be associated with homosexuality,” Woodger complained, according to Torkildson, who posted the exchange on his Facebook page….”

Continue reading →

Ethics Quiz: The Reporter’s Non-Compliant Shoulders

/ Jack Marshall / 8 Comments
Appropriate courtroom fashion?

Appropriate courtroom fashion?

At the 2nd District Court in Ogden, Utah, female reporter Morgan Briesmaster was barred by court security from entering the courtroom to cover a story because her sleeveless blouse (left) violated the official dress code.

She eventually gained access by wearing a parka. Up until then, she told other journalists, she waited in the lobby  “where she watched other courtgoers stroll through security with jeans and low-cut shirts.” Her boss ridiculed the situation, comparing it to high school yearbook dress codes, and noted that “any time a reporter is stopped from covering the news, it’s a concern.” There actually is a rule against wearing “tank tops” in that court, but I wouldn’t call what Briesmaster wore a tank top.
 

Your Ethics Alarms Ethics Quiz, which you may think is too easy, is this:

Was the court security unfair and unreasonable to bar reporter Briesmaster based on her shoulder-baring clothing?

Continue reading →

A Shocking Legal Ethics Violation In Utah

/ Jack Marshall / 20 Comments
So...would you like to revise your testimony about the harmless electric shock, Professor?

“So…would you like to revise your testimony about the ‘harmless electric shock,’ Professor?”

(The title is an uncreative and obvious pun, but on the other hand, how often do I have a chance to make it?)

I always advise lawyers that whenever they have a sudden inspiration that involves a trial tactic that they have never heard of anyone else trying, they need to stop and examine whether there are ethical issues involved. Here is a good example of why that’s a good idea.

Electricity expert Athanasios Meliopoulos, while testifying to dispute the claim of Utah dairy farmers who had sued a power company alleging that current from its plant harmed cattle grazing nearby,  said under oath that 1.5 volts could not be detected by a human being.

Don Howarth, an experienced Los Angeles litigator who represented the farmers, decided to undermine the expert’s testimony on cross-examination by giving Meliopoulos  a joke shop pen that was rigged to deliver an electric shock. Howarth told the witness that the retractable pen contained a 1.5-volt AAA battery and challenged him to click it and “tell the jury whether you feel it or not.” What he did not tell the witness, or the jury, or the judge, was that in addition to the AAA battery, the pen also contained a transformer that boosted the battery voltage to up to 750 volts, enough to deliver “a harmless powerful shock,” according to the pen’s packaging.

Meliopoulos, a Georgia Tech professor, pushed the ball-point pen’s button  and was indeed shocked enough to cause  his body to jerk and force him to drop the pen.

How unethical is this? The judge, in fining the lawyer $3000 and issuing other sanctions, listed the breaches: Continue reading →

Ethics Dunces: Conservative Supporters Of Self-Appointed Censor Mom, Judy Cox

/ Jack Marshall / 48 Comments
Judy Cox, saving America one T-shirt at a time...

Judy Cox, Wacko, saving America one T-shirt at a time…

Conservatives just can’t help themselves, it seems.

They can’t avoid undermining their historically vital role in counterbalancing the process of societal entropy and the degrading of individual liberty by central state control, by periodically making themselves and their philosophy look so hypocritical and ridiculous that their power to persuade is crippled. One traditional way conservatives ensure that they will be reviled and mocked by anyone under the age of 50, even when the are right, is their addiction to celebrating censorious wackos who seem to have been only recently unfrozen from the glaciers that have imprisoned them since around 1954.

This afternoon I watched with my jaw agape as a panel of “experts” on Fox cheered the ridiculous actions of Judy Cox, who was horrified to see T-shirts sale for in a Utah college town store  that sported the images of winsome women in scanty attire—you know, like one can see on television every hour of every day, but more dignified.  Judy, who was concerned for the sensibilities of her 18 year-old son (also known as “an adult”) and those like him whose morals will be permanently warped by such images, promptly had a cow:

“Cox said she complained about the window display to a store manager and was told the T-shirts couldn’t be taken down without approval from the corporate office. She then bought all 19 T-shirts in stock, for a total of $567. She says she plans to return them later, toward the end of the chain store’s 60-day return period. The shirts cost about $28 each on the website for PacSun, which sells beach clothes for teenagers and young adults.“These shirts clearly cross a boundary that is continually being pushed on our children in images on the Internet, television and when our families shop in the mall,” Cox said in an email to The Associated Press.”

That’s not all: Continue reading →

“When Will They Ever Learn?” Department: “Baby Emma” Déjà Vu

/ Jack Marshall / 64 Comments
Preston and Baby Wyatt

Preston and Baby Wyatt

Once again, an unmarried father is trying to get the courts to award him custody of his child after the mother handed the child off to adoptive parents. This issue was recently examined by the U.S. Supreme Court in the case of Adoptive Couple v. Baby Girl, and on Ethics Alarms two years ago in its examination of the “Baby Emma” drama. Now it is in the news again, as Preston King, the 19-year-old father of “Baby Wyatt” fights for his child in the California courts

The details of these cases vary, as do the state laws governing them. In the Baby Emma case, for example, among the complexities were the fact that the state of the couple’s residence, Virginia, recognizes an unmarried father’s right to custody, while the state where the adoption took place, Utah, does not. All the cases have  in common a conflict between rights, law and ethics. Continue reading →

Forgetting The Unwritten Boy Scout Law: “A Scout Is Not A Destructive Idiot”

/ Jack Marshall / 29 Comments

David Hall, Glenn Taylor and his son—the first two are scoutmasters—face felony arrests after posting video, taken by Taylor’s son, of the two men destroying a 200 million-year-old rock formation at Goblin Valley State Park last week. They knock over the rock, high-five each other, cackle with joy, and then say—and this is now their defense—that a child could have been killed if the rock fell on its own. Moe, or perhaps it is Curley, also says, perhaps more significantly, “We have modified Goblin Valley!”

Some observations: Continue reading →

Ethics Hero: Matt Labrum, Union High (Roosevelt, Utah) Football Coach

/ Jack Marshall / 42 Comments

Six Pillars

Matt Labrum, head coach of Union High School in Roosevelt, Utah, suspended all 80 of his players, citing  a lack of character. He instructed them all to turn in their jerseys and their equipment, and announced that there would be no football until they earned the privilege to play. Labrum gave his shocked players a letter titled “Union Football Character” which declared in part,

“The lack of character we are showing off the field is outshining what we are achieving on the field. It is a privilege to play this wonderful game! We must earn the opportunity to have the honor to put on our high school jerseys each Thursday and Friday night!”

Instead of practicing during the days leading up to this weekend’s game, the students were ordered to perform community service, to attend study hall and go to a class on character development. They were also required to perform service for their own families, and write a report about their actions. Academically, the players were told to be on time for classes, and to improve their grades.

It is unclear what prompted the coach’s action, though some of the players, he felt, had engaged in cyber bullying, and he was aware of other instances in which various players had not, in his view, lived up to exemplary standards of behavior. Several of them had been rude and obnoxious, he had learned to other students and teachers—in other words, they were behaving like high school football players. Rather than punish individual students, Coach Labrum decided to impose team wide measures designed to foster good character. His theory, clearly, was to encourage a team culture of ethical conduct, strengthened  by group encouragement and enforcement of shared values. Labrum is also a gifted salesman, since it appears that opposition from students, their parents and the school administration has been minimal.

In many schools, including colleges, football players are the biggest jerks on campus: the culture of school sports too often nurtures entitlement and arrogance. Imagine a school athletic culture in which the athletes were expected to embody the best of ethical values both on and off the field.

The implications are staggering.

_________________________

Pointer: Lianne Best

Sources: Yard Barker,  Deseret News

And The Jumbo, Desperately Incredible Excuse Division, Goes To….Rodger William Kelly!

/ Jack Marshall / 7 Comments
Clockwise from Left: "These aren't my pants!"..."A ghost did it!"..."I was just trying to revive her!"..."Elephant? What elephant?"

Clockwise from Left: “These aren’t my pants!”…”A ghost did it!”…”I was just trying to revive her!”…”Elephant? What elephant?”

There is no question that Rodger William Kelly deserves his Jumbo Award, the Ethics Alarms honor periodically bestowed on “an ethical miscreant who continues to try to brass his or her way out of an obvious act of ethical misconduct when caught red-handed and there is no hope of ducking the consequences.” But there is a legitimate issue over whether his explanation to the  St. George, Utah police regarding why he had sexual intercourse with his unconscious, 29-year-old female neighbor becomes the new champion as the most ridiculous excuse ever.

To refresh you memory, the current champ is Michael West, the Wisconsin wife-beater who swore to police that his bruised and bloody wife had been attacked by a ghost. He dethroned long-time champ Lindsay Lohan, who began her long, sad descent by explaining to police, when she was still a movie star and caught with cocaine on her person after a vehicle arrest, that she was wearing someone else’s pants. 

I think West’s short reign is over, however. Kelly told officers that he found the woman passed out in front of her apartment and, concerned for her welfare, he brought her inside his own apartment. There he changed her clothes and put her on his bed, and tried to “warm her” by laying down next to her, hugging her, and then, as a desperate measure since nothing seemed to be working, inserting his heat-emitting penis into her to try to “raise her temperature.”  Later he tried more conventional CPR. He’s not a rapist. He’s a hero! Continue reading →