“The Hitching Post” would have a hard time claiming to be a church. These pastors are in a vulnerable position legally. Businesses and churches both have rights, of course, but this case is a bit of a tangle. The local authorities seem to be taking advantage of the ambiguity.
It seems to me that to err on the side of the first amendment would be the best option but Idaho does not seem to care. The idea of forcing an establishment to hire a third party as agent/employee to act in a way their religion prohibits would be unheard of until these days of Romney/Obamacare.
There is no longer any religious protection in the US (unless you are Muslim of course). So the very reason this country was founded has now been vaporized. What is worse is that there are conservatives saying profit motive causes people to lose their religious rights.
Looks like Lyndon Johnson has done his work for the cause. When he decided it was alright for Congress to make laws with respect to religion that would prohibit the free exercise of all religion and religious speech whenever profit is produced.