Of course, one can argue that views about privacy in restrooms have changed since 1975. And one can argue that, even though women generally rightly feel an invasion of privacy when they see biological males in a women’s restroom, they shouldn’t feel that way once they learn that those biological males actually perceive themselves as female. Indeed, one can argue that women’s constitutional rights to privacy stop applying when the biological male has this self-perception. I set aside these debates here.
But for now, 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.