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I don't know why you have that in quotes. It's not really the basis for CRA. The basis of the CRA is congress' authority under the 14th amendment, which specifically involves a few specific protected classes, almost all of which are immutable characteristics of the people affected. This is why such things are treated differently than, say, discrimination due to dress or what have you.
Ignoring that it only deals with the state, and not private enterprise. We have already been over this though.