I think that's different. This isn't about appointing someone to a job, it's about preventing one person from trade with another strictly because of their marriage.
Say if I was a Senator, and I had the ability to kill some legislation that would financially hurt Facebook using my committee post. I call my wife before the hearing and tell her to buy stock, is that ethical?
It's not ethical, but we're talking about the constitution, and fines or imprisonment. Should your wife go to jail if she buys stock while you're a senator? Would that be constitutional? I sincerely doubt it.
