Except no.  This baker stated why he refused to bake a cake.  He didn't simply say he was busy or booked.  He didn't say that he didn't have time to bake their cake.  He said that he refused to make a cake for them, because it was for a same-sex wedding.  That's a big difference.  And it actually is illegal to discriminate, even if you don't state it plainly to those you are discriminating against.  Not openly admitting it just makes it tougher to prove in court, but it doesn't make it any less illegal.  That's where proof of a pattern of discrimination comes into play.  For example, if it can be proven that a landlord repeatedly refuses to rent to a specific race of people for no reason other than their race, even if he/she used the untrue excuse of the unit already having been rented, the landlord can be found guilty.  The pattern just needs to be proven.