Art or no art is not for me to decide.  And your scenario is immaterial to the conversation.  The quest is, is he an artist or not?  I think he has a decent case personally. We see cake treated as art on TV, in contests, in gala's, ...  Cristo created art works that lasted a few days and that was considered art.  A cake lasts a few days, or less depending upon the consumption rate. Do I agree with what he did?  No.  I certainly would not turn away business.  However, he feels he is an artist and can pick and choose who he works for.  Let's remember this couple didn't come in to buy something from the case and he told them he would not sell to them because they are gay.  He refused to create a cake for them.  Two very different things.