Sexual orientation is not explicitly protected, but that does not mean you have a "civil right" to discriminate against gay people. You just... have a right to be an asshole.
Sexual orientation is not explicitly protected, but that does not mean you have a "civil right" to discriminate against gay people. You just... have a right to be an asshole.
Only in specific, enumerated contexts, such as employment and public accommodations.
You have a civil right to associate with whomever you want to, for whatever reason you want. You also have a Constitutional right to live according to your religion even when participating in the economy.
The baker in question claimed they were an artist (separate from their bakery/restaurant public accomodation) and that they had the religious freedom to discriminate against sexual orientation based on their religion.
The court ruled that artists are not compelled to create for whomever they want, but did not say that people can discriminate against other protected classes based on their religious beliefs.
Title II is quite specific in what counts as a “public accommodation.” For example, banks are not covered: https://www.pospislaw.com/blog/2019/02/05/banks-are-not-plac...
The baker explicitly redefined his wedding cakes as his religious speech to avoid the Title II of the federal law.
And if strip clubs are free speech, baking custom cakes is definitely free speech: https://www.aclu.org/blog/free-speech/rhode-island-supreme-c...