He agreed to the terms and conditions of employment, and they let him go when it turned out he did not adhere to them. Why is that discrimination?
One right embodied in the first amendment is the freedom of association. Every time someone is forced to cater to gays, that right is being infringed. Maybe it’s time for lawyers to base their cases on that right, as well as the right to practice one’s religion. Every single one of these cases decided in favor of bullying gays (and other people who have sex-related mental illness) is decided in a way that absolutely violates the first amendment.
Freedom of association is a God given right that is part of our common law heritage; it is implied by the first amendment but not explicitly spelled out, it didn’t need to be. The Federalist papers and other letters make it clear that the founding fathers did not intend to spell out our God given rights, just spell out the limited powers of government. Unfortunately, the Civil Rights Act of 1964 became the precedent that gave the government the power to lawfully override one’s freedom of association. It started with race, but was rapidly applied to every other situation: must rent to unmarried couples, no right to deny service for pretty much any reason, etc. etc. There is no way to have both, based on the way precedent law works— once government has a power it will expand and spread down to the state government level as well. Either you have the right to associate (which includes do business) with whomever you please or the government has the lawful authority to force you to associate with whomever they decide.