This will be an interesting case.  I suspect Kennedy took it to yet again affirm the civil rights of gays and lesbians in the face of societal hate (not his body of rulings on both Colorado law, sodomy and gay marriage).  This is likely going to be unanimous and not based on the golden rule.  The only chance the bakers have is to assert that the Civil Rights Act does not specifically apply due to a lack of language.  If Kennedy says that it does, then stop your donations to Human Rights Campaign to end employment discrimination, because this will signal that the Second Circuit's cases establishing gays as a protected class are already accomplished in housing and employment.  No one will be opposed to the concept, just dicey on whether this issue is entirely removed from the political sphere (meaning Congress, not the states - the states are dead to rights). The only bright side for the right wing is that this may finally give them their constitutional convention.