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You see this just makes me more curious.
The legality of discrimination has shifted over time. See recent LGBT rights over marriage and the armed forces, or the positive discrimination of a husband's ability to rape his wife VS. other men.
So we're saying that your ability to discriminate is solely tied to the law at any point.... which is fluid and dependent on social norms at any point in time.
I was just trying to think of a socially/legally unacceptable example, on the opposite side.