Some followup from the earlier post:
If Gonzalez thinks ID is science, and not religion, he may have an even harder time arguing that there is discrimination here. Professors, rightly so, have freedom of religion and can believe whatever they want in their personal lives. However, if he thinks ID is science, I don’t think it is discrimination to count that fact against a candidate, just as it wouldn’t be discrimination to give a student a lower grade for having a wrong answer on a test. Writing a book about DI applied to astronomy would be exactly the type of extramural statement that would “demonstrate the faculty member’s unfitness for his or her position.”
Final thought: It’s really impossible to say whether this is an academic freedom issue without knowing the process and substance of the ISU tenure review. Perhaps more details will emerge on the institutional appeal, but chances are, the decision of the committee will be upheld. Gonzalez could choose to sue, but in the process, Gonzalez would bear the burden of proving that 1) protected speech was involved (easier to prove if ID is a religion), 2) ISU impermissibly discriminated based on this protected speech, and 3) Gonzalez’s interest in expressing the ID hypothesis outweighs the institution’s interests. In the discovery process, Gonzalez would have to open his files and emails to the institution’s counsel, who would pick through it and may find embarrassing communications with the ID groups.
(In fact, if any of you are real jerks and want to have fun with this guy, I’d suggest filing a freedom of information act request under Iowa state law for Gonzalez’s emails with outside DI groups. His email may be exempt (I don’t know the particulars of Iowa law; in other states, requestors have obtained professors’ email), but it’s a fairly simple and low-cost intervention.)
And even if Gonzalez wins his case, what does it get him? A court-ordered appointment in a department where he’s not welcome! Generally, if you’ve lost your tenure case, it’s best to move on quietly and try again at another school. No other school will want to hire you if you make a federal case of it.