While all citizens are entitled to "equal protection" under the law, the U.S. Constitution has NEVER prohibited "discrimination" per se. On the contrary it
allows discrimination except against specially protected classes, in AMENDMENTS to the constitution. Historically, anyone can discriminate against anyone (say red-headed people) they want to.
As recently as 2000, for example, the Supreme Court stated that, under the first amendment, the Boy Scouts of America had
the right to bar homosexuals as troop leaders.
Constitutionally speaking, you
don't have the "right" to demand service from
private businesses.
Quote:Nearly every law discriminates in some way by differentiating on its face or in its effect between similarly situated persons—between those who will benefit from the law and those who will be burdened by it. As interpreted and applied by the Supreme Court, however, equal protection forbids only invidious discrimination.
Invidious discrimination refers to the arbitrarily different treatment of a class of persons by the government. Discrimination is said to be invidious if the law’s classification does not rest on a reasonable and just relation to its aims, whatever those aims may be. Discrimination animated solely by bias or prejudice is invidious.
http://uscivilliberties.org/themes/3979-invidious-discrimination.html
The key phrase there being "by the government."
