Earlier quoted context omitted.
I buy this argument as the law currently stands, but this is also such a moral double standard (Colorado bakery for instance). Also, how far do we go with this reasoning? Stripe and PayPal refuse service so they're supposed to "Go build their own" (it costs billions to create a new service like stripe or PayPal that can compare). AWS shut you down? Build your own data center... (Again, costs millions or billions). Wh…
Actually I think you might have the Colorado case misrepresented here. The baker was ruled in favor due to objecting based on his religious beliefs. Part of this was that he was okay with baking a cake for the gay couple but NOT one that had certain messaging that would violate his faith. [1] If the baker had altogether refused to bake a cake for the gay couple, it would have been discrimination on a protected class.…
No, he was ruled in favor of because the US Supreme Court found anti-religious animus in the enforcement process leading to the State ruling against him.
> Part of this was that he was okay with baking a cake for the gay couple but NOT one that had certain messaging that would violate his faith.
No, it wasn't. The decision specifically notes that he objected to being required to make cakes for same sex weddings entirely, on both free speech and free exercise of religion grounds [0], not that he was willing to do so dependent on messaging, so any such willingness he might have had was not a basis of the decision.
Instead, the Court found animus toward Phillips’ religious views by the state commission that found against him, both expressed in the process and evidenced through difference in how Phillips was treated vs. other bakers in similar cases before the same Commission, which mean that whether or not the law could otherwise have been enforced against him, the specific government act had an impermissible purpose, requiring it to be struck down. [1]
Note: All quotes from Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. ___ (2018)
[0] “Phillips raised two constitutional claims before the ALJ. He first asserted that applying CADA in a way that would require him to create a cake for a same-sex wedding would violate his First Amendment right to free speech by compelling him to exercise his artistic talents to express a message with which he disagreed. [...] Phillips also contended that requiring him to create cakes for same-sex weddings would violate his right to the free exercise of religion, also protected by the First Amendment.”
[1] “The official expressions of hostility to religion in some of the commissioners’ comments—comments that were not disavowed at the Commission or by the State at any point in the proceedings that led to affirmance of the order—were inconsistent with what the Free Exercise Clause requires. The Commission’s disparate consideration of Phillips’ case compared to the cases of the other bakers suggests the same. For these reasons, the order must be set aside.”