Originally Posted by Literature
I think a state could determine their own additional protected classes, even if the federal courts do not recognize it at federal common law. Perhaps New Mexico has done so.
I don't think sexual orientation should be recognized as a protected class, however. The arch of equality for gays is tremendously positive, and in 10 years, it will probably be absurd to think that gays were once prohibited from even having gay sex.
It's an irritating ruling, because people who believe that gay marriage is wrong should be able to decline their photography services to a gay couple. Ideally, Christian businesses should be able to be open about who their customer preferences are (traditional marriages), and non-traditional couples should seek out the better business that is open to them. We would let the market decide.
If women and African Americans are protected classes, and should continue to be protected classes, I find it hard to believe that gays should not. (I know the feds haven't done so yet, but they probably will pretty soon)