First off, there is one thing being debated here that can’t be debated. There is a factual difference between “I don’t photograph gay people” and “I don’t photograph gay weddings.” The first is clearly illegal. The second is not, as it can be argued as a speach issue.
By taking a picture of something, with your business’s seal on it, you are implying that you support what you took a picture of. I’m sure we’d all agree that I shouldn’t have to take a picture of, say, a banner saying “Jesus hates fags” because I do general photography. Yet that statement could very well be part of that person’s religion, and thus, by your arguments, should mean that refusing to take the picture would be discriminating against my client, since I’m refusing one of his actions.
There have to be limits on this sort of thing, and what we are arguing here is where the limits are. At what point does it become discrimination. It is a perfectly rational position that refusing gay wedding ceremonies does not cross that line, but refusing all gay people does. Don’t assert as “fact” that they must be the same thing.
Note, this is not the case in any non-representational art. A sandwich maker’s sandwich doesn’t contain any speech about what it is being made for. There’s no problem with a speech element here. Photographs are unique in that the service what was happening in the moment, and lasts forever. These photographs can be spread amongst the general public, and seem to have the backing of the person who took them. (All professional photos I’ve seen have logos on the back.)
I personally found I intrinsically have a problem with forcing a photographer to take pictures of a situation they don’t want to be in. The photographer is practically participating in the event. It doesn’t bug me for pretty much anything else, but it does with photography, and I’m pretty sure it’s the freedom of speech issue.
Oh, and I believe that ITR’s position is that the Civil Rights Act was okay at the time because there was a large need to fix a systemic problem, but that the problem has been fixed, and thus the act is no longer necessary. His government philosophy is that it can only intervene in cases of emergency, Not one I agree with, but I think it’s disengenuous to pretend that his argument is that he wants discrimination. He just hates government, and only tolerates it when necessary.