Gay rights activists interpret the law's silence as permitting intolerance. They want the majority of Americans who find homosexual sex morally abhorrent to be forced to tolerate. Their legal claim must fail, because the form of protection they desire rests on the legal status of a behavior, not a state of being. The moral code of America generally frowns on those who do not tolerate states of being. Sexual acts of all kinds are completely exposed to criticism.
Some homosexuals find heterosexual sex repulsive.
If one form of sexual behavior is legally protected from disapproval, then all forms of sexual behavior may also be thus protected. The law must be silent about the homosexual lifestyle, because sexual behavior should not be affirmed by the law. It should be illegal to discriminate against people for their state of being, but it must be legal to discriminate based upon behavior. Legal protection would force obligations on third parties that would violate their rights to freedom of association, speech and religion. Employers who discriminate against qualified homosexual job applicants must have that right because they have the right to choose what behavioral type of employee they want.