PA laws as you want them legislate the right to free exercise of religion away, so I guess those have to go, right?
No one's free exercise of religion is gone.
Says you. Said baker has to participate in a wedding that goes against their moral code. They have lost their free exercise of religion by being forced to participate or be fined by the government, and probably put out of business.
Free exercise is not limited to the clergy, or going to church, or what you do behind closed doors.
Marty, I don't see how you can logically argue when opening a private for profit business, someone exercises their right to freedom of religion. And making that logically indefensible argument takes away from the real issue of whether the state should have the power to compel an individual to engage in private commerce with another individual.
When John "maybe Jay" Roberts went through the nomination process, he proclaimed himself a minimalist, which means the Court is loathe to say Congress does not have a power to do something. He wrote a scathing dissent in the gay marriage case making just that point. Unless the Court is minimalist, it becomes a political player. "Conservatives" were displeased with his Obamacare rulings, but they were the only way for the Court to be minimalist and refuse the "temptation" to be an activist court. BUT, he didn't base the Mandate is Legal decision on the commerce clause, which is what is used to justify PA laws.
When we did PA for blacks, it took soul searching, and a lot of Real-conservatives compromised their belief in freedom from govt compulsion because they believed blacks would never be accommodated by bigots and racist states in the South. Outside of Miss, SC, Kan and Alabama, the political winds are not favoring the gay bakers. GLBT folks looking for cakes are simply not lacking willing bakers. You cannot logically deny that the gay bakers are discriminating against gays, and even saying they do so from conscience, lacks any logical consistency because they're happy to bake for fornicators.
However, it's also impossible to say the plaintiffs in Ore and Colo are anything other than activists who demand the bakers accommodate them, even though the damages they claim are laughably absurd and show their real intent: Punish anyone who doesn't conform to gay is OK. There is no real comparison to the injury that black discrimination cause. Why should the govt have the power to force private commercial activity? That should be the conservative argument.