text: It doesn't matter whether there was a lesser alternative or what he said about it. The couple certainly wasn't looking to buy generic cupcakes. Jack didn't serve them with their specific request because they are gay but he served others with the exact same request because they are hetero.  That is undisputed by the parties--there's no need for a red herring.  You may think it is important whether he sold alternative products but the Supreme Court doesn't.