Im not saying I agree, but the reasoning is that wearing a Trump hat is something you choose, while being gay isnt. Your attire isnt protected under the constitution, but who you are is. The Civil Rights Act of 1964 was the nation's premier civil rights legislation. The Act outlawed discrimination on the basis of race, color, religion, sex, or national origin, required equal access to public places and employment, and enforced desegregation of schools and the right to vote. No discrimination based on sex. Whether that counts sexual orientation i do not know.