So the defense allowed by the law doesn't come into effect only after discrimination has occurred and a lawsuit is in process?
Why don't you explain your position professor.
let me explain it to you this way...
If a business refuses to serve a person or business...lets use a non gay scenario so we can eliminate the emotions from the debate....
A Kosher caterer is approached by non Kosher couple to cater their wedding affair. They chose Moishe because he has a reputation as the best caterer in town as it pertains to quality and price. They don't mind Kosher food but they really want a cold seafood station at the cocktail party...you know, lobster, clams, oysters and crab. Of course, the Kosher caterer can not supply that food but knowing that, they had already hired a seafood supplier to furnish the food for the cocktail party...all they need the Kosher caterer to do is set it up and have his staff serve it.
After much thought, he realizes that his Kosher food would be compromised for it is likely that the guests will likely combine the kosher food with the non kosher food on the same plates...which is against the tenets of the orthodox Jewish religion....so as opposed to having to worry about that, he passes on the affair.
The couple is upset, He has the best staff, the best food and the lowest price in town. They feel the fact that they do not wish to abide by HIS religious restrictions is discrimination and they bring a suit against him.
With this law, he is now able to claim that he runs his business along the lines of his religious beliefs and a customer can not force him to compromise those beliefs.
Now, during his defense he will have to prove that he NEVER has, in the past, compromised his beliefs when conducting business.
If he can, then it will be deemed that his actions were not discriminatory, but, instead, a decision based on his own belief system.
Hope that helps.