This is too lightweight IMO. A crime is a legal term and nearly anything under the sun can (and maybe has) been labeled a crime at one time/place or another. No, being a crime doesn't legitimate or delegitimize a particular government action. As you know well, it's something outside of government and law that is the primary driver for what is right,and what is not. And discrimination is not OK in that context.when governments deal with citizens/business....it deals in crime, health and safety.
You can run a discriminatory club or organization, or private "group", etc. But a general business that serves the public, no, discrimination is not OK.