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Under this theory, anti-gay bias constitutes sex discrimination in much the same way that anti-miscegenation laws constitute racial discrimination.

But as the 7Circuit pointed out, gay people are “the ultimate case of failure to conform” to sex stereotypes, which, in America, have historically held that men should date only women and women should date only men.Rather, in an unusual move, the Trump administration elected to weigh in with an aggressively anti-gay stance, arguing that gay Americans have no protection against workplace discrimination under federal law.