Good analysis by the ACLU
https://www.nytimes.com/...t-supreme-court.html 303 Creative argues that it is not turning away same-sex couples because they are gay, but because it objects to the message that making a wedding website for them would convey.
The company has, however, asked the court to declare its right to refuse to make any website for a same-sex couple’s wedding, even if its content is identical to one it would design for a straight couple. According to this line of argument, the company could refuse a gay couple even a site that merely announced the time and location of the wedding and recommended places to stay.
Colorado’s law doesn’t dictate the content of what a business sells. 303 Creative is free to post on all the websites it designs, “The Bible condemns gay marriage.” And by the same token, it could refuse to design a site that says, “The Bible blesses gay marriage,” if it would not design that website for
anyone. In that case, the decision would not be discrimination based on the customer’s identity, but a permissible decision to define the product it sells.
303 Creative has plenty of freedom to speak or not speak as it wishes. It need not serve the public and it need not design wedding websites featuring content it would not sell to anyone. But the First Amendment does not give it an exemption from laws requiring equal treatment of customers simply because its service is “expressive.”
Otherwise, interior decorators, landscape architects, tattoo parlors, sign painters and beauty salons, among countless other businesses whose services contains some expressive element, would all be free to hang out signs refusing to serve Muslims, women, the disabled, African Americans or any other group. The First Amendment protects the right to have and express bigoted views, but it doesn’t give businesses a license to discriminate.