> In some states the list of things forbidden to discriminate on misses sexual orientation.
It doesn't miss it, that would imply an unintentional oversight. There might have been a time when it was just not something people thought of including (although the fact that homosexuality was often explicitly criminalized also suggests that was not the case), but by now there is no state where there has not been an effort to get such protections on the books, so it is, in every case where it is not explicitly protected, a deliberate exclusion.
It doesn't miss it, that would imply an unintentional oversight. There might have been a time when it was just not something people thought of including (although the fact that homosexuality was often explicitly criminalized also suggests that was not the case), but by now there is no state where there has not been an effort to get such protections on the books, so it is, in every case where it is not explicitly protected, a deliberate exclusion.