Showing posts with label ethics and law. Show all posts
Showing posts with label ethics and law. Show all posts

Sunday, May 3, 2015

The Maine Thing is Being Fertile

In Maine, we have found something almost as rare as a 3-legged Sasquatch. It's a Republican who wants to expand the Affordable Care Act.

Maine Senate Majority Leader Rep. Garrett Mason authored a bill that would force insurance companies to pay for fertility treatments. Which sounds, for a Republican, almost sympathetic: you have a couple trying desperately to have a child, and finally reach the point where their only solution is medical treatment that would cost thousands of dollars that they just can't afford. And Maine wants to make their lives just a little bit better.

Except for one thing: it includes a morals clause. The original language of LD 943, An Act to Provide Access to Infertility Treatment, has the following provisions:
A. The covered individual must be married;
B. The covered individual's infertility may not be the result of a sexually transmitted disease
And once again, the "small government Republicans" want to ensure that they can get the government to intervene in women's personal lives. Because everybody deserves the chance to have children, unless they're a slut. Because god knows that if they had an STD, they must have proven that they're unfit parents, right?

Now, Mason has said that he's open to removing the provisions. "I'm totally willing to do something that fits Maine better, and that is why we have the committee process."

Which is probably best. It's good that he's willing to remove these ignorant nanny-state provisions. I mean, it totally shows what a completely unthinking, small-minded, judgmental, moralistic fucknozzle Garrett Mason was to include them in the first place, but still. It's nice that he's willing to put them aside.

Because in its original form, this bill would lose the first time it went before the Supreme Court, which should have been obvious to anyone with the brain power of an Eastern White Pine (the State Tree of Maine).

It's good to know that rape victims who received an STD from their attacker might have had a good chance of being declared "unfit parents" in Maine, thanks to this simpering, slack-jawed, puffy-faced used car salesman.

I'm a little curious whether, if a couple has a divorce midway through treatment for infertility, would they be on the hook for the entire bill? Or just for the portion of the infertility treatment that came after the divorce was finalized? And would there be a "statute of limitations" for divorce? How long would the new parents need to stay married before the state wouldn't arrest them?

This bill has, at least, one area where it isn't discriminatory. Maine has recognized same-sex marriage since 2012. So at least it would be easier for lesbian couples to get pregnant.

Wednesday, July 25, 2012

...As if one dries/The streams from off my face.

Almost a year ago, a young woman named Savannah Dietrich (now 17) went to a party, drank too much, and passed out. That's not, perhaps, the smartest behavior, but it's not something she should have to pay for the rest of her life.

While she was unconscious, two other teenagers, Austin Zehnder and Will Frey, raped her, took pictures, and emailed them to friends. That's a crime, and should be punished.

But the boys struck a plea deal last month, pleading guilty to felony sexual abuse and misdemeanor voyeurism. Their sentencing hearing is scheduled for next month. But one other legal action was taken: Ms Dietrich was hit with a gag order, telling her that she couldn't talk to the press or reveal the names of her attackers.

The punishment for that could be six months in jail (not 100 days, as the video below claims) and a $500 fine, probably more than the boys would have received: juveniles tend to recieve lighter sentences, and their names aren't released to the public - apparently in the theory that they never learned that rape is wrong.

But Ms Dietrich decided to fight back. She tweeted their names to everyone she knew and opened her Facebook page to the public; she followed the court order to the point that she never revealed what the proposed sentencing was, but said that it was "a slap on the wrist."

Thanks in part to the public outcry, charges against Savannah Dietrich have been dropped. The judge has managed to muzzle the press, though, so while we know the name of Savannah Dietrich, the names of her attackers, Austin Zehnder and Will Frey, are nowhere to be found on the mainstream media. What the judge hasn't been able to control, though, is the internet.



It doesn't take much to google their names, where you can discover that they play lacrosse for a community team. You even get to see what these two douches look like.

Frey
Zehnder


There are some stories that need to be told. Over and over again. Until society stops trying to blame the victim.

Sunday, May 8, 2011

An Iceberg in the Sea of Ethics

In civilized life, law floats in a sea of ethics.--Earl Warren

I've been thinking a lot about the killing of self-proclaimed terrorist, Osama bin Laden. My issue is not with the guilt or innocence of Osama bin Laden. He has declared himself responsible for 9/11; even if he's not, just wanting the credit suggests that if not 9/11 then he is responsible for other acts of terrorism. However, even if the police catch a person strangling the body with bare hands that person is still entitled to dues process under our laws which means a trial, a judgment, and a sentence. Even if that sentence is death, we don't simply execute someone without the benefit of due process, even when guilt is certain. Indeed, in our justice system, confession is about brokering a deal generally to take the death penalty off the table. In other words those who declare I did it gain a reprieve from execution and generally receive a sentence of life imprisonment in exchange for saving the state the cost of a full prosecution.

Traditionally, adherence to a system of justice that strives for fairness and an even application of law is taken as a significant mark of civilization. We, as a nation, certainly criticize and strongly object to the paths of nations that imprison without trial, punish without due process, and eliminate undesirable elements by simply executing them.

Our track record in recent years has not been good. We invaded Iraq based on false information which more and more evidence supports that our leadership knew to be false. We have imprisoned people at Guantanamo without benefit of trial which violates the Constitution in which many of us purport to believe. We have consistently refused to acknowledge that these prisoners, who haven't been officially charged with anything, have a right to a speedy trial, having made up a new term to apply to them, "enemy combatants." They are neither prisoners of war nor prisoners of our legal system, expressly so that they may be denied the due process owed under military law or civil law. I think the summary execution of bin Laden is yet another misstep on the part of this country. We insist to others that it is not might that makes right but that laws ensure justice for all. Yet in this instance we behaved much the same as any of the governments whom we have criticized in the past, acting as judge, jury and executioner and bypassing even a semblance of justice. Papa Doc and Idi Amin should not be our role models.

Funny thing is, the outcome would have been the same. No doubt bin Laden would have been found guilty and sentenced to death but in the eyes of the world we would have appeared to adhere to the higher standard for which we have so strongly advocated since the founding of this country. We haven't always reached that standard, but if a man or a woman's reach does not exceed his or her grasp, then what's a heaven for? (my thanks to Robert Browning)

I take issue with assassination as justice, no matter how vile the person. When we make exceptions to our ethics, to our code of law,  we lessen ourselves, betray our own integrity. My concern isn't for bin Laden, but for this country's ability to claim moral authority (which we do quite often) after this assassination. Imagine any other country entering a nation uninvited and killing a person who by its own account was not armed because of some terrorist act that person allegedly committed against its people, how would we regard that action?

Fellow blogger, Elizabeth, shared a passage from an article by Noam Chomsky that fleshes out my rhetorical question.
We might ask ourselves how we would be reacting if Iraqi commandos landed at George W. Bush's compound, assassinated him, and dumped his body in the Atlantic. Uncontroversially, his crimes vastly exceed bin Laden's, and he is not a "suspect" but uncontroversially the "decider" who gave the orders to commit the "supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole" (quoting the Nuremberg Tribunal) for which Nazi criminals were hanged: the hundreds of thousands of deaths, millions of refugees, destruction of much of the country, the bitter sectarian conflict that has now spread to the rest of the region.