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  • "It is unconstitutional for a state ... to stand by and allow residents to do it" -> this implies states are under a positive duty to enact non-discrimination statutes that protect against discrimination of out-of-state residents. Please edit to clarify that you meant this, or that you didn't mean this. Commented 5 hours ago
  • I see the edit, thanks. But to me, it is still not clear if you're saying it would be unconstitutional for state law to fail to prohibit private discrimination of out-of-state residents. If you're saying that, perhaps say something more direct, like: states are constitutionally required to prohibit private actors from discriminating against out-of-state residents. If you're not saying that, please edit to clarify what you mean when you say it would be unconstitutional for state law to allow residents to discriminate against non-residents. Commented 3 hours ago
  • @Jen My understanding is that states are required to treat out-of-state residency as a protected characteristic, similar to race, sex, or religion. Whether that requires them to proactively prevent discrimination depends, I think, on the field. e.g., in most states there's an authority that provides explicit standards for housing discrimination, which a landlord could be fined for not upholding, whereas in another field like employment there might not be. I'm not sure how to distill that into a simple description. Commented 32 mins ago