If you suggested, back in 1868, that the 14th Amendment was intended to protect women from discrimination they would have laughed at you. If you suggested that the 14th Amendment was intended to give special rights to sodomites they would have thrown you in the loonie bin. The intent is not there despite the hysteria and wishful thinking on the left. Scalia is right.
Scalia is right in terms of "private" discrimination. Guess you missed that. The government can't discriminate.
Rand Paul made this same sort of argument about private discrimination. It's pretty silly and obnoxious.