He’s going to lose on this one. You can’t discriminate unequally. You can discriminate equally.
AS I have explained at length the cake decorating discrimination is legal because it’s applied equally, that is, the store owner will gladly sell to the gay couple a plain wedding cake just like he would to straight couples or a cake with man/woman on it just like he would with straight couples, the cake store owner can say that he doesn’t want to be forced to write things on cakes he does not believe in or put objects on cakes that violate his religion.
The hardware store owner is saying that gays are not allowed in his store to buy anything. That’s so different.
He runs a gammit of reasons why he cannot do this.
Main one is that he is saying that he won’t sell a hammer to one person but he will sell the hammer to another person. That alone is discrimination. You can’t just open a store and not sell items to all humans. The items are the same, not like the custom cake.
And since same sex marriage is a protected right as a privilege on a federal level, so is merely being gay.
He’s going to be fined big time if he persists.