There is an important difference that makes the cake baker case more complicated and harder to answer. Not kneeling for the National Anthem may be a dumb thing to do, but it does not violate you r constitutional rights to stand and honor the flag and the national anthem. The issue of the cake baker and his right to respect his religous beliefs depends on whether or not it violates any constitutional rights of the gay couple under current interpretation of the constitution which allows gay marriage and in fact prohibits discrimination against the rights of gay persons to marry.  Does the constitutional law allowing gay marriage confer a right that also prohibits religous discrimination against gay couples in the same way racial discrination would be prohibited or religous discrimination against a Muslim couple would (that would be ucnsotitutional)? Or is right to gay marriage a lesser right?