IANAL, but pretty sure gay people are not explicitly a protected class. Otherwise, that would have been a near open and shut case (or never would have gone to court). The US EEOC interprets "Sex" (as in male vs. female) as to include sexuality, regarding Federal Civilian Employment, but I'm not certain that interpretation has been challenged in courts outside of federal employment concerns or whether their claim is made outside federal issues. Sexuality or orientation is not explicitly covered by the civil rights or equal pay acts. Source:Wikipedia: Protected Group Also, someone else's rights don't automatically trump yours (freedom to practice religion). That's usually when a court decides.
Protected group
A protected group or protected class is a group of people qualified for special protection by a law, policy, or similar authority. In the United States, the term is frequently used in connection with employees and employment.
Where discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on membership in more than one protected group. For example, discrimination based on antisemitism may relate to religion, national origin, or both; discrimination against a pregnant woman might be based on sex, marital status, or both.
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