I'll offer up for discussion a similar type case where the courts upheld a T-Shirt printer could refuse to print Gay Pride T-Shirts.
https://perma.cc/75FY-Z77D...On or about March 28, 2012, Aaron Baker filed a Verified Complaint with the
Commission on behalf of the Gay and Lesbian Services Organization (hereinafter
"GLSO"). The Complaint alleged that on or about March 8, 2012, HOO denied that
organization the full and equal enjoyment of a service when HOO refused to print the
official t-shirts for the organizations' 2012 Pride Festival. Following an investigation by
the Commission, a determination of Probable Cause and Charge of Discrimination was
filed by the Commission against HOO on November 13, 2012. The Charge of
Discrimination alleged that HOO violated local Ordinance 201-99; Section 2:33 from the
Lexington-Fayette Urban County Government (Sometimes referred to as the "Fairness
Ordinance"). This Ordinance generally prohibits a public accommodation from
discriminating against individuals, inter alia, based upon their sexual orientation or
gender identity. ...
HOO has a stated policy on its website which provides:
Hands On Originals both employs and conducts business with
people of all genders, races, religions, sexual preferences, and
national origins. However, due to the promotional nature of our
products, it is the prerogative of Hands On Originals to refuse any
order that would endorse positions that conflict with the convictions
of the ownership.
HOO acknowledges that it is a "public accommodation"...
ANALYSIS AND OPINION
(I) THE ORDER FROM THE HUMAN RIGHTS COMMISSION
VIOLATES THE RECOGNIZED CONSTITUTIONAL RIGHTS OF HOO
AND ITS OWNERS TO BE FREE FROM COMPELLED EXPRESSION
HOO and its owners have a Constitutional right of freedom of expression from
government coercion. The Commission conceded at oral argument that the Commission
was created by the Lexington-Fayette Urban County Government and its members are
appointed by the Mayor. Thus, the action and the order of the Commission in this case is
government action without dispute.
These Constitutional guarantees are found in both the Constitution of the United
States (First Amendment) and in the Commonwealth of Kentucky(§ I § 8). The
Commission agreed that HOO and its owners have those Constitutional protections when
it adopted the Order of the Hearing Commissioner.