The First Amendment contains the right of the people to peaceably assemble. This is the freedom to associate.
From Wikipedia:
Freedom of associationAlthough the First Amendment does not explicitly mention freedom of association, the Supreme Court ruled, in National Association for the Advancement of Colored People v. Alabama (1958), that this freedom was protected by the Amendment and that privacy of membership was an essential part of this freedom. The U.S. Supreme Court decided in Roberts v. United States Jaycees (1984) that "implicit in the right to engage in activities protected by the First Amendment" is "a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends." In Roberts the Court held that associations may not exclude people for reasons unrelated to the group's expression, such as gender.
However, in Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995), the Court ruled that a group may exclude people from membership if their presence would affect the group's ability to advocate a particular point of view. Likewise, in Boy Scouts of America v. Dale (2000), the Court ruled that a New Jersey law, which forced the Boy Scouts of America to admit an openly gay member, to be an unconstitutional abridgment of the Boy Scouts' right to free association.
Two weeks ago, South Carolina Circuit Court Judge Diane S. Goodstein ruled in The Diocese of South Carolina vs The Episcopal Church of the United States that the First Amendment grants a "freedom to disassociate."
From the article:
The Court found that “the Constitution and Canons of TEC have no provisions which state that a member diocese cannot voluntarily withdraw its membership.” The ruling found that had there been such a provision, it would have violated the Diocese’s “constitutionally-protected right” to freedom of association. “With the freedom to associate goes its corollary, the freedom to disassociate,” Judge Goodstein said.
These women was exercising their freedom to disassociate when she chose not to bake a cake or sell flowers for a purpose she did not agree with.
They should take this to the Supreme Court on First Amendment grounds, as well as equal protection grounds. Apparently, South Carolina's freedom to disassociate is Oregon's and Washington's discrimination.
-PJ