Andy one-ups Dan below by writing: “Dan, I’d add one other point to your fine post. It is not just all laws that are ‘potentially discriminatory.’ All policing is potentially discriminatory.”
Let me now one-up Andy: Everything is potentially discriminatory. Or at least every human interaction is potentially discriminatory. Hot dog vendors could discriminate, gay strip clubs could discriminate, Ivy League English departments could discriminate. Everybody could discriminate. But we don’t close these places down or refuse them licenses on those grounds. We simply tell them the rules and then hold them accountable.
And, yes, I know this is a smart ass and tendentious post.