Phillips is by definition discriminating, since he makes something (a plain wedding cake) he gives to some people but not others, all because they’re gay. He hi

Phillips is by definition discriminating, since he makes something (a plain wedding cake) he gives to some people but not others, all because they’re gay. He himself admitted he wouldn’t make wedding cakes of any kind for same-sex weddings. Having intermediaries in the middle is a moot point. If anything, it makes for a stronger case that Phillips also excludes heterosexual people from buying cakes if their purpose is to give it to a homosexual couple for their wedding. (Also, a better comparison would be between the gay couple who visited Phillips’ bakery vs William Jack who visited the other bakeries, since there were no intermediaries here.) As Alfredo said, this isn’t a cake with a rainbow flag; only a plain wedding cake you might find at your local cakery. The other bakeries wouldn’t make a cake containing hateful messages for anybody, so they can’t be discriminating (unless you argue not offering something to all people is discrimination). The difference is that Phillips finds a certain class of people who do weddings sinful and so wouldn’t make the same cake (he sells to others) to them, while the other bakeries find the message of “homosexuality bad” abhorrent and wouldn’t sell a cake with such messages to anybody; they wouldn’t even think of making it.