This so-called right to refuse service is not a constitutionally enumerated right.
However! ...
Not only have the states never amended the Constitution to expressly protect so-called gay rights, but consider the following. Section 1 of the 14th Amendment prohibits the states from making laws which unreasonably abridge constitutionally enumerated rights, the 1st Amendment right to religious expression therefore trumping laws which protect constitutionally unprotected gay rights.
So state laws which protect gay rights may be in violation of Section 1 of 14A with respect to abridging religious expression.
“This so-called right to refuse service is not a constitutionally enumerated right.”
True, but, in the US, a right shouldn’t have to be enumerated in order to be asserted. That’s what we are supposed have the 10th amendment for, even if it mostly neutered at this point.
“Section 1 of the 14th Amendment prohibits the states from making laws which unreasonably abridge constitutionally enumerated rights, the 1st Amendment right to religious expression therefore trumping laws which protect constitutionally unprotected gay rights.”
Good catch, seems like a solid argument.