For those of us in the free speech community, the issue is not underlying values on either side but the right to maintain opposing values. A Jewish baker should not be expected to make a Mein Kampf cake or an African American baker a KKK anniversary cake. Likewise, a LGBT baker should not be required to make a cake denouncing equal rights or homosexuality. It is all speech when part of a creative product.

All of these business, however, must sell pre-made products to anyone regardless of their status. In 303 Creative, the Supreme Court emphasized that any discrimination against customers in obtaining non-expressive or pre-made products would remain unlawful.

[I suspect that the Colorado supreme court took this appeal from Phillips to put an end to this activist lawfare and keep the Supreme Court from taking aim at the state’s public-accommodation statutes. With any luck, they’re starting to get embarrassed. — Ed]