Deviant Olam posted an interesting video to Youtube about changes happening in prisons and makes an interesting point that the trans community make a convenient target for triggering a constitutional crisis.
You target a small, basically insignificant and harmless group, then ignore any court rulings while the media and public remain silent and disinterested. Its a pathway to uncontested executive power that can then be extended to persecution of other groups.
Arguing for privacy from government feels alarmist, distant and theoretical as long as there is rule of law and a sound participative democracy. But what happens to constitutional guarantees and legal protections if the courts lose their power and independence? Suddenly privacy becomes a very real pragmatic concern. Not only could you be in a targeted group but you could be guilty by association.
As we dont have the gaps in my country my guess is it a US interpretation of Jeremy Bentham’s panopticon as applied to the shitter.
I expect in the USA people, particularly the out groups, are believed to be inherently criminal/immoral and need to be observed to make sure they aren’t doing anything undesirable.
As the US public toilet is primarily a place for moral judgement and not elimation of waste you then get the crazies questioning if people’s gender and equipment meets moral standards for use of the facilities based on casual assessment of their appearance.