The whole idea of some things being protected and some not is very wrong. Rights should be a wildcard. That’s the right of private discrimination as ancaps see it.
There are two rights that the courts have traditionally protected, the right to say (or not say) what you want, and the right to be free of discrimination.
In this case, the two rights were in conflict. The court decided that the first one takes precedence.
The whole idea of some things being protected and some not is very wrong. Rights should be a wildcard. That’s the right of private discrimination as ancaps see it.
There are two rights that the courts have traditionally protected, the right to say (or not say) what you want, and the right to be free of discrimination.
In this case, the two rights were in conflict. The court decided that the first one takes precedence.