I don't disagree with any of that. I'm just pointing out that restrooms are separate but equal whether that segregation is voluntary or not.
And there's no point in pointing that out.
The law can't
do anything about the fact that most males and females prefer not to urinate and defecate together in a room with strangers of the opposite sex, and so businesses and public buildings often choose to accommodate their preference not to do so, out of courtesy, by creating two different rooms.
Just like the Supreme Court can't do anything about the fact that a cluster of black kids choose to hang out behind the gym during lunch hour at the high school, or that Asians appear to have set up camp in the University library. Or the fact that shop class has no females in it, while home economics has only two males on roll, and they're both gay.
Schools are integrated by law. This law was necessary, because they were once- in the recent past- segregated, by law.
There is no law that says each classroom in the school, or each table in the cafeteria, must contain a certain quota of blacks, whites, asians and hispanics (or a certain quota of males and females).
Students are free to self-segregate, within this integrated school framework, if they so desire.
Or not, if they so desire. Nobody really cares, because it doesn't really matter. The
law certainly doesn't care.
Males using women's restrooms and women using men's restrooms was never against the law, per se.
Men and women did
not used to be segregated by law, ergo no law saying they must now integrate is necessary. Nobody was ever stopping them in the first place.
If someone attempts to stop an individual from using a certain restroom because of his or her gender, and that individual cares enough to take the matter through the court system, it would eventually go all the way to the Supreme Court, where the Court would rule that such gender discrimination is not allowed.
There would then be a legal precedent for people of either gender using either restroom.
But since nobody has yet tried to stop them, there is no such precedent, because the matter has never come up, you see.
If and when it does, it will be dealt with by the court.
Right now there is no law prohibiting people of any gender using any public restroom, and so there's no need for a law saying they can. They
can. There's no law against it.
What there is, is a
social stigma- not a legal prohibition- against it. A stigma which is slowly eroding away over time, to the point that now the majority of people- if they have to go really bad and 'their' restroom is occupied- will simply use the other restroom without giving it much thought, and nobody thinks anything of it.
What do you expect the courts to do, forcibly integrate public restrooms?
They've never been segregated, except in our own minds.
Free yourself from your inhibitions. :shrug:
Somebody ought to declare a national "everybody use the wrong public restroom" day. :lol: