He is *not* acting in the name of the University, as a spokesman for the university.
It is a private letter.
He *changed* the wording cuz your whole legal challenge is *silly*. And a simple wording change saved him money, time, and hassle.
While allowing him to continue acting in exactly the same way.
You're wrong, obviously, to paint this as religious discrimination. Much like some black folk I know who see racism in everything.
You even had to carefully select the definition of 'affirmation' away from the common usage.
He writes the letter as a private individual with some level of authority. If he retires, or goes to a different University, he can still write the letters. The letters are not written as an agent of the University in any way, shape or form. He is not saying "The university thinks this student will make a good doctor".
Exactly.
Can the head of a Biology Department at a public university refuse to write recommendations based on race, religion or gender?
Yes or no will do.