I'm not sure how it works in the US. In Israel, where i'm from, banks are regulated and can't refuse business without legal ground. About a month ago the regulator "released the banks from their duty to provide service for gambling sites" - http://www.yogonet.com/english/2012/01/11/israel-banks-can-refuse-to-handle-transactions-for-suspicious-websites And take my word for it, Israel is not the most liberal country when it comes to human rights...
Just wait till somebody "up there" hears about bitcoin. The Israeli regulator will whip up a bitcoin clause in the same way faster than you can say Satoshi Nakamoto.