The Gay Rights "Cake" Case

The Supreme Court has agreed to hear a case out of Colorado in which a baker refused to bake a cake for a same sex wedding. I predict that this will be a setback for the gay rights movement, as the baker in this case is a very sympathetic figure.

The baker was perfectly willing to sell a cake already made to the couple, he just refused to bake one specially for the wedding. Common sense would dictate that he should have this right. Initially his legal basis for this was said to rest on religious grounds, as well as on first amendment grounds of self-expression. However, it seems that more recently the focus has shifted away from the religious grounds, which are weak, to the right of self-expression. After all, how in the world can a government have the right to dictate to an artist what kind of art he should be making?