As you have insisted before, intent has to be proved. Can you prove that Eich intended to make the same statements as protectmarriage.com and not that he solely agreed to the legal effects of prop 8? For example, is he elsewhere on record saying that he is (was?) against same-sex marriage for reasons X, Y, Z?
He specifically donated money to Yes on Prop 8 during its campaign and did not chose to withdraw the funds at a later date. His actions demonstrate his intent and willful agreement. The excuse of ignorance does not hold water because: their intentions are publicly available and he has a greater than normal understanding of the web as a platform of content.
The problem being that Eich did nothing as CEO to give credence to the threat. In effect he's being punished not for what he did but what people thought he might do later on.
If you are going to shift the context to when he is CEO then you have forgotten what I posted all the way back on page 2. As CEO he did not separate his hatred from his position.
Baker, chairwoman of the Mozilla Foundation, of which the Mozilla Corporation is a wholly-owned subsidiary, wrote in the 29 March blog post: "I want to speak clearly on behalf of both the Mozilla Corporation and the Mozilla Foundation: Mozilla supports equality for all, explicitly including LGBT equality and marriage equality." Eich stressed that Baker's statement applied only to Mozilla as a corporation and foundation, rather than to its broader mission.
“There's a difference here between the company, the foundation, as an employer and an entity, versus the project and community at large, which is not under any constraints to agree on LGBT equality or any other thing that is not central to the mission or the Mozilla manifesto.”
His point is specifically that the organization has a clear pro-LGBT policy and the community is free to have whichever views they have. That seems a pretty clear separation of his personal views and his position as a representative of Mozilla.
As stated by chairwomen Baker, "I want to speak clearly on behalf of both the Mozilla Corporation and the Mozilla Foundation: Mozilla supports equality for all, explicitly including LGBT equality and marriage equality." The Mozilla Corporation supported LGBT equality and marriage equality. Eich, as CEO, represents the Mozilla Corporation. By publically rationalizing his hatred as an unavoidable part of distributing Fiefox he has misrepresented the Mozilla Corporation.
Eich also stressed that Firefox worked globally, including in countries like Indonesia with “different opinions”, and LGBT marriage was “not considered universal human rights yet, and maybe they will be, but that's in the future, right now we're in a world where we have to be global to have effect”.
Secondly, the corporation, foundation and community are separate entities as made distinct by both Eich and Baker. He was CEO of the company, thus as CEO he could not speak on behalf of the foundation and community as they are separate. This is an example of Eich abusing his position as CEO to justify his personal hatred.