That's irrelevant to the Dini case. Dini never said he would discriminate against anyone. He said he would require a belief in a scientific theory of human origins, something that is an entirely defensible requirment for a career in medicine.
Levin's case is irrelevant. And I already stated that concluding Dini's overheated rhetoric was discrimination is arguable.
But for the sake of argument, the Justice Department concluded a reasonable man would could see that as discrimination. I'm arguing that state paid employees using state money run afoul of the constitution when they state they will discriminate.
You disagree, we'll go on from there.
In Dini's case he went back to language that was more in the line of meritocracy rather than an oath of fealty. Good move on his part. Of course I'm sure it has no effect on who he recommends or doesn't recommend for medical school. He's already made his views clear on that. I work with Cardiologists and Radiologists on a daily bais. Many of them are theists. They are very smart folks who have no problem balancing the medical profession and their religious beliefs so after 25 years I know that you and Dini are full of crap when you claim that theistic medical professionals are inferior.