When speaking, intent is paramount. Otherwise, we will be living in a permanent state of litigation in our every day lives.
Frankly, I don’t like attempts to chip away at our culture’s very important tool of assessing intent. It’s necessary in determining one’s character after they make a hurtful statement and also in applying common sense.
All indications point to Ellis being a liberal woman who has a long record of respectfully exploring queer/racial/gender perspectives in mass media, but because of a nebulous vaguely prescribed “impact” of these jokes - intent be damned?
Sorry, but no.