• October 1, 2022

Ginsburg Once Wrote:Separate Bathrooms Are ‘In Some Situations Required’

Justice Ruth Bader Ginsburg attends the lunch session of The Women's Conference in Long Beach, California October 26, 2010. REUTERS/Mario Anzuoni (UNITED STATES - Tags: POLITICS CRIME LAW ENTERTAINMENT) - RTXTVCE

The liberals cannot count on Ruth Bader Ginsburg’s vote if Transsexual use of the bathrooms make it to the Supreme Court.  In 1975, while writing about the Equal Rights Amendment, Ginsburg wrote that bathrooms should remain separate in order to preserve privacy in the bathroom and changing rooms in America.  The article appeared in the Washington Post in 1975.

Here are some of the more pertinent quotes from that article:

“Separate places to disrobe, sleep, perform personal bodily functions are permitted, in some situations required, by regard for individual privacy.”

“Individual privacy, a right of constitutional dimension, is appropriately harmonized with the equality principle.  But the ‘potty issue’ is likely to remain one of those ultimate questions never pressed to final solution.”

According to University of California, Los Angeles Law School professor Eugene Volokh:

“I do think it’s worth noting that, when sex equality rules were championed in the 1970s, now-Justice Ginsburg — one of the most prominent feminist lawyers of her era — rejected as “emphatically” unsound the argument that those rules might lead to males being allowed to use women’s restrooms.”

It will be interesting to see if she stands by those comments or to see how she would spin reversing herself on the subject.


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