Sorry, not buying this one bit. The baker of a cake doesn't participate in a wedding any more than an 18 year-old waitress participates in the round of drinks she serves to a table; and at least the waitress is in the same room. The baker isn't sponsoring the wedding, isn't donating the cake, isn't signing "I approve this wedding" in frosting at the bottom.
Have you guys seen the cakes on the website? They are all the same cake, with different words, if any at all. This isn't like a cup cake show where the owner personally delivers the cake in front of a crowd of people.
The comment about hay marriage being illegal in Colorado? You can do better than that. Making cakes isn't illegal, and it doesn't matter what the end user users the cake for. If that was an issue, Solo cups would have been run out of business years ago.
To answer your second question about the courts, I don't think they should have been involved in this at all, from either side.
I have little issue about the Baker declining to bake the cake. I do have a big issue with either side claiming this is a rights issue when it very clearly is not. It wasn't too start with anyway.