Neil Gorsuch’s question is key to unlocking the upcoming Masterpiece Cakeshop decision

You see, in the Supreme Court, neither the Left nor the Right believes that religious freedom trumps anti-discrimination law. Neither claims practicing homosexuals are just automatically entitled to any service they happen to demand. The law forbids just one thing: discrimination on account of sexual orientation (or race, religion, etc.). The objection must be “to the person,” as Gorsuch pointed out: “that’s when the discrimination law kicks in.”

The footnote Gorsuch mentioned is a great illustration of this. Several Colorado bakeries turned down orders from a Christian for a Bible-shaped cake with Leviticus 18:22 on it. They were not guilty of discrimination because their refusal was based on the message the Christian wanted his cake to convey, not the simple fact that he happened to be a Christian. Le Bakery Sensual had no problem serving Christians in general, and in fact would have been willing to make that Christian pretty much any cake but the “traditional marriage celebration cake” he ordered.

This is common sense, and courts have been quite capable of using it regarding Christians as a protected class. The problem is that the lower courts haven’t been willing to apply this common sense to homosexual anti-discrimination cases.