I know that in 33 states, workers can still be fired for their sexual orientation or gender identity. I remember the days after the Prop. 8 vote, misting up at random times when I remembered that a majority of my neighbors took away my right to marry. So I hope you’ll forgive the twinge of happiness I felt when Mozilla CEO Brendan Eich resigned over his $1,000 donation to “Yes on Prop. 8.”
Seriously, I hope you’ll forgive me. Because I wouldn’t wanted to be fired or asked to resign six years from now for a less than generous opinion that wouldn’t affect my ability to do my job. Unless I was the public face of an organization that couldn’t handle my views. Then it’s OK. I guess. Maybe.
I’ve read columns and reporting on both sides of the Eich resignation, and my main conclusion is that it is complicated. Let’s start with what’s simple.
Eich technically resigned, but reporting on the events, including his statements, suggest that it wasn’t entirely his idea. As the First Amendment prevents the government, not private companies, from impinging on free speech, there’s little doubt Mozilla could have fired him had they needed to.
Eich left because he made a political donation based on a belief that, at the time, was held by a small majority of Californians and a wide majority of Americans. In 2008, more people would probably have been fired over donations to “No on 8” than “Yes.” Few who cheered Eich’s departure would want the Hobby Lobby Supreme Court case to end in a religious right to fire “No on 8” donors. If we cry foul in such circumstances, we shouldn’t be eager to sacrifice former political enemies on the recently turned tables.
The “Yes on 8” donation came to light as early as 2012, so if Mozilla has a problem with it, they shouldn’t have hired Eich. Once they did, he probably deserved a chance to prove he could lead despite it. It’s tempting to accept the excuse that the employees wouldn’t accept him, but it’s a canard. Would we accept a board that said, “We’d love to hire a transgender CEO, but the troops would never get behind her?”
If Mozilla did ask for Eich’s resignation, it wasn’t an act in favor of company diversity. A true commitment to diversity should include diversity of opinion, as long as actions are in line with the company policy. Instead, Eich’s resignation was recognition of how far the majority opinion has moved. As CEO, Eich was the face of the organization. His support of Prop. 8, within the norm just six years ago, was now detrimental to a company that is to the left of an already left leaning technology industry.
In the end, I think Eich’s ouster was acceptable, under a very narrow “CEO is the face of the company” argument. It should not start a witch hunt on “Yes on 8” donors, which would feed the conservative narrative that LGBT activists are intolerant of others opinions. Better to let opponents of same-sex marriage join the cause or be isolated by their own views. As noted by President Obama, who didn’t officially support marriage equality until 2012, “We don’t need to spike the football.” Particularly when we’re winning.
