A Stanford law professor writes:
Wow. The only simple solution is to allow any business to refuse service to anyone.
One of the most telling exchanges during the argument involved a hypothetical from Justice Barrett, who asked the Deputy Solicitor General Brian Fletcher (whom I consider a friend: full disclosure), supporting the Colorado law, what would happen if the shoe were on the other foot—i.e., what if a gay web designer declined to create a custom website for a Christian organization that advocates for traditional marriage? Could the state compel such a person to design such a website?
Remarkably, Brian responded that the two cases should come out differently. That is, Colorado can compel a Christian to design a custom website celebrating a same-sex marriage, but cannot compel a gay person to design a custom website advocating for traditional marriage. His reasoning for this answer reveals the fundamental flaws in the government's position.
According to the Deputy Solicitor General, declining to design a website for a same-sex marriage is inherently a form of "status discrimination," which the government can treat as a form of "conduct" (not speech) and therefore compel or suppress as it sees fit. But declining to design a website promoting traditional marriage is discrimination based on the message (not status) and is therefore protected speech.