[Physicist]

I think this whole silly business boils down to did the Professor give recommendations based on an individual's religion?

Since religious belief is constitutionally protected, this becomes a rather sticky point.

I don't see it as a sticky point at all. The relevant Constitutional question here is the professor's First Amendment rights. The right to speak freely comprehends a right not to speak. His reasons for not speaking are immaterial, let them be ever so bigoted. The court cannot compel him to speak when he chooses not to.

[kittymyrib]

My point is that if you believe as Pres. Bush does when he quoted this from Isaiah 40:26,"Lift your eyes and look to the heavens. Who created all of these? He who brings out the starry host one by one, and calls them each by name. Because of his great power and mighty strength, not one of them is missing," you should not be discriminated against by a government- employed instructor who has a different belief about origins.

[steve-b]

Precisely. If the professor were a state agent providing a service that is supposed to be available to all citizens as a matter of right or upon meeting certain objective criteria (e.g. issuing driver's licenses or CCW permits), then he would not have such discretion. As it is, he does.