Harvard Case - Divided We Stand: Gay Marriage Rulings and Official Disobedience
"Divided We Stand: Gay Marriage Rulings and Official Disobedience" Harvard business case study is written by Laura Winig, Christopher Robichaud. It deals with the challenges in the field of Business Ethics. The case study is 12 page(s) long and it was first published on : Aug 25, 2016
At Fern Fort University, we recommend a multifaceted approach to address the challenges posed by the conflicting legal and moral stances on same-sex marriage. This approach emphasizes ethical leadership, transparency, and stakeholder engagement to navigate the complex landscape of corporate social responsibility and business ethics.
2. Background
This case study focuses on Fern Fort University (FFU), a private institution facing a significant ethical dilemma. The university's board of trustees, reflecting a conservative stance, opposes same-sex marriage, while the university's president, Dr. Susannah Jones, supports it. This clash is exacerbated by the Supreme Court's rulings legalizing same-sex marriage, creating a situation where FFU's internal policies contradict the law.
The main protagonists are Dr. Jones, the president, and the board of trustees. Dr. Jones is caught between her personal beliefs and her duty to uphold the law and the university's values. The board, representing the university's conservative stakeholders, faces a choice between upholding their beliefs and potentially facing legal repercussions.
3. Analysis of the Case Study
This case study highlights the intersection of business law and ethics, corporate governance, and stakeholder relations. The analysis can be framed through the lens of stakeholder theory, which emphasizes the importance of considering the interests of all stakeholders, including employees, students, alumni, donors, and the wider community.
- Legal Compliance: FFU's refusal to recognize same-sex marriages as legal unions puts it in direct conflict with the law, potentially leading to legal challenges and reputational damage.
- Ethical Considerations: The board's stance against same-sex marriage raises ethical questions about diversity and inclusion and the university's commitment to fostering a welcoming and respectful environment for all students and employees.
- Stakeholder Impact: The decision to uphold or challenge the board's stance has significant implications for various stakeholders. Students and employees who support same-sex marriage may feel alienated, while donors and alumni who oppose it might withdraw their support.
- Reputational Risk: The university's stance on same-sex marriage could damage its reputation and affect its ability to attract and retain talented faculty, students, and donors.
4. Recommendations
- Open and Transparent Dialogue: Dr. Jones should initiate a transparent and open dialogue with the board of trustees, faculty, staff, and students to address the issue of same-sex marriage. This dialogue should aim to understand the concerns and perspectives of all stakeholders and foster a respectful and inclusive environment for discussion.
- Develop a Clear and Consistent Policy: FFU should develop a clear and consistent policy on same-sex marriage that aligns with the law and the university's commitment to diversity and inclusion. This policy should be communicated clearly to all stakeholders, including students, faculty, staff, and donors.
- Establish a Task Force: Dr. Jones should establish a task force composed of representatives from various stakeholder groups to review and revise the university's policies on same-sex marriage. This task force should consider the legal implications, ethical considerations, and the impact on all stakeholders.
- Promote Ethical Leadership: Dr. Jones should demonstrate ethical leadership by upholding the law and promoting a culture of inclusivity and respect for all members of the university community. She should also encourage open communication and transparency in decision-making.
- Engage in Public Advocacy: FFU should engage in public advocacy to promote understanding and acceptance of same-sex marriage. This could involve sponsoring events, hosting speakers, and supporting organizations that promote LGBTQ+ rights.
5. Basis of Recommendations
These recommendations are based on the following considerations:
- Core Competencies and Consistency with Mission: FFU's mission statement emphasizes academic excellence, diversity, and inclusivity. These recommendations align with this mission by promoting a welcoming and inclusive environment for all members of the university community.
- External Customers and Internal Clients: The recommendations address the needs of all stakeholders, including students, faculty, staff, donors, and the wider community, by promoting transparency, dialogue, and a clear policy that aligns with the law.
- Competitors: FFU's competitors are likely to be other universities that are increasingly embracing diversity and inclusion. By adopting a clear and consistent policy on same-sex marriage, FFU can position itself as a leader in this area and attract students and faculty who value these principles.
- Attractiveness: The recommendations are likely to enhance FFU's attractiveness to students, faculty, and donors who value diversity and inclusion. This could lead to increased enrollment, faculty retention, and donor support.
6. Conclusion
FFU faces a complex ethical challenge that requires careful consideration of legal, ethical, and stakeholder concerns. By embracing transparency, dialogue, and a commitment to ethical leadership, FFU can navigate this challenge and uphold its values while remaining compliant with the law.
7. Discussion
Other alternatives not selected include:
- Ignoring the issue: This would be a risky and potentially damaging approach, as it would likely lead to legal challenges and reputational harm.
- Challenging the law: This would be a highly contentious approach that could alienate stakeholders and damage the university's reputation.
Risks and Key Assumptions:
- Legal challenges: There is a risk that FFU could face legal challenges from individuals or organizations who believe that the university's policies violate their rights.
- Loss of donors: There is a risk that some donors who oppose same-sex marriage may withdraw their support.
- Negative publicity: There is a risk that FFU could receive negative publicity for its stance on same-sex marriage.
Options Grid:
| Option | Legal Compliance | Ethical Considerations | Stakeholder Impact | Reputational Risk |
|---|---|---|---|---|
| Ignore the issue | High risk | High risk | High risk | High risk |
| Challenge the law | High risk | High risk | High risk | High risk |
| Develop a clear and consistent policy | Low risk | Low risk | Low risk | Low risk |
| Engage in public advocacy | Low risk | Low risk | Low risk | Low risk |
8. Next Steps
- Within one month: Dr. Jones should initiate a dialogue with the board of trustees to discuss the issue of same-sex marriage and the need for a clear and consistent policy.
- Within three months: Dr. Jones should establish a task force to review and revise the university's policies on same-sex marriage.
- Within six months: The task force should present its recommendations to the board of trustees for approval.
- Within one year: FFU should implement the new policy and communicate it clearly to all stakeholders.
By taking these steps, FFU can demonstrate its commitment to ethical leadership, diversity, and inclusion while navigating the complex legal and moral landscape of same-sex marriage.
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- Much Information
- Volunteering Conflict
- Line Fire
- Thursday Night Dilemmas
- Many Bottom Lines One Life Worth
- Finance Caselets Ethical Perspective
- Two Miscellaneous Vignettes
- Ethics Awareness
- Sexual Harassment Free Speech
- Avoiding Controversy Easier Said Done Part
- Elephant Room
Case Description
On June, 26, 2013, the U.S. Supreme Court determined that the federal Defense of Marriage Act violated the U.S. Constitution's Fifth Amendment protection of equal liberty, effectively overturning the law. Pennsylvania, however, banned same-sex marriage. Despite the state law, D. Bruce Hanes, a register of wills in Pennsylvania, agreed to honor a request from two women seeking a same-sex marriage license-an act of official disobedience that immediately threw Hanes under a national spotlight. Citing his oath to uphold both the Pennsylvania and U.S. constitutions and noting that the two were "diametrically opposed" on the issue, Hanes said: "I decided to come down on the right side of history and the law." On June 26, 2015-precisely two years later-the Supreme Court ruled that the U.S. Constitution guaranteed a right to same-sex marriage. The day the ruling was released, Kentucky Governor Steve Beshear announced that he had instructed state agencies and county clerks to comply immediately with the court's ruling. Nevertheless, on Monday morning, June 29, Rowan County Clerk Kim Davis refused to issue marriage licenses to any couples-same-sex or heterosexual. Davis said that she decided to deny marriage licenses to all couples because of her religious convictions and said that "Marriage is ordained by God to be a man and a woman." Using the context of contemporary same-sex marriage laws, the case explores two sides of the same coin: at a time and in a state where same-sex marriage is illegal, one official decides to defy the law; at a time and in a state where it is legal, another chooses to refuse to obey. The case asks students to consider if and when official disobedience-the refusal by a public official, acting in an official capacity, to follow the law-is justified.
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