In this case it is a Tenth Amendment issue. There are no federal laws protecting homosexuals from discrimination, but Oregon passed their own.
So the question is, in the new land of Newspeak jurisprudence we live in, in which words mean whatever a majority vote of the SCOTUS says they mean, does "free exercise of religion" now denote the same thing as the phrase from the old Soviet Constitution "freedom of worship and anti-religious propaganda"?
'I don't know what you mean by "glory",' Alice said.
Humpty DumptyJustice Kennedy smiled contemptuously. 'Of course you don't till I tell you. I meant "there's a nice knock-down argument for you!"'
'But "glory" doesn't mean "a nice knock-down argument",' Alice objected.
'When I use a word,'Humpty DumptyJustice Kennedy said, in rather a scornful tone, 'it means just what I choose it to mean neither more nor less.'
'The question is,' said Alice, 'whether you can make words mean so many different things.'
'The question is,' saidHumpty DumptyJustice Kennedy, 'which is to be master that's all.'