this post was submitted on 02 Jul 2023
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It is a protected class
The first amendment is the thing you're missing with all of this. People can discriminate against gay people. But only if it takes away their first amendment. The courts ruled that art should not be forced. So they don't have to serve gay people. But if someone is selling a car, that has nothing to do with art.
It is not a protected class at the federal level. It is in many states.
However, part of the argument in favor of making same sex marriage a right, as ordered in Obergefell, so that no state can refuse to marry same sex couples, is that the only difference between an opposite sex couple and a same sex couple is the sex of one of the people. Hence, the discrimination is on the basis of sex, which is a protected class federally.
Why that same argument wouldn't apply to the more recent web designer case is beyond me.