youre wrong though wrote:
The real issue is that the board's decision was basically "we are punishing you because we think your religious views blow."
True. And it gave SCOTUS an easy way of dealing with the case.
youre wrong though wrote:If they had just said, "we are punishing you because your practice is discriminatory towards the LBGT population in violation of the public accommodations law" it would have probably been upheld (maybe not, but that's what the court says)
Well, the Court didn't say one way or the other. It would have been forced to confront the question whether cake artistry is sufficiently expressive to qualify as speech.
Note that for First Amendment purposes, "art" is not necessarily synonymous with protected speech. For instance, there was some discussion of architecture at the oral argument. Everyone agrees that architecture is creative, probably artistic, and even that architects are sometimes trying to convey an idea or a message. But what if the "message" is something that 99.9% of the people who use the building and don't read architecture blogs are going to miss? What if the "message" is something that's subject to a lot of debate even among architecture geeks? What if the significance of the "message" is totally outweighed by the functional aspects of the building? Also, consider whether it should change things if the regulation at issue is specifically targeted at the message, as opposed to non-communicative aspects of construction? Or, should it change things if the person commissioning the building is explicitly requesting that the building convey a message that the architect doesn't want to convey? What if a church that happens to perform gay marriages asks for a new house of worship to be constructed? What if, instead, the church asks that the new house of worship include special elements that specifically celebrate gay marriage? Should that change things? Consider a non-religious and non-sexual example: What if a state that is widely considered to be regressive on issues of criminal justice asked an architect to design a prison that conveyed the power of the state and the futility of resistance? Should such an architect be allowed to say no on First Amendment grounds?
These are the kinds of questions that come up when expressive conduct is at issue. Easy to see why the Court wanted to avoid them. If only for a term or two.