There isn't precedent for discrimination based on the gender of spouse specifically. In general, to answer the question "Is it discrimination?" It's helpful to apply the replacement test: if it were someone else who differed in only one non-work related aspect, would that person receive the same outcome?

I think what you're trying to get at in your edit is more in line with Pre-Employment Inquiries and Marital Status. [0]. The EEOC puts it this way:

"It is clearly discriminatory to ask such questions only of women and not men (or vice-versa). Even if asked of both men and women, such questions may be seen as evidence of intent to discriminate against, for example, women with children."

There established precedent for "sex-plus" discrimination [1], whereby the claimants sex "plus" another factor brings it closer to a Title VII claim.

The TL;DR answer to your question is that nobody has brought a case (that I can find) with those particular details, but you can't treat men differently than women and vice-versa, and that includes gay and trans men and women

[0]https://www.eeoc.gov/pre-employment-inquiries-and-marital-st... [1]https://www.businessmanagementdaily.com/52309/title-vii-sex-...