Besides, even if privacy was an issue in public restrooms, the ACLU suggested, the architecture in such facilities protects it. As Etsitty had explained to his supervisors, according to the ACLU, his anatomy would be shielded from others using the women's rooms "because there are stalls for privacy."

Alas, the ACLU published this brief two years ago -- apparently failing to anticipate that Republican Sen. Larry Craig of Idaho would someday seek to withdraw his guilty plea for engaging in "disorderly conduct" in a men's room stall.

In a brief submitted this month supporting Craig's claim, the ACLU argued that what the senator is alleged to have done in an airport bathroom is free speech protected by the First Amendment -- no matter what some guy seeking a little privacy in the next stall might think about it.

"The government does not have a constitutionally sufficient justification for making private sex a crime," said the ACLU. "It follows that an invitation to have private sex is constitutionally protected and may not be made a crime. This is so even where the proposition occurs in a public place, whether in a bar or a restroom."

But then the ACLU went a step further, arguing that there is not only a right to solicit sex, but also to engage in it, in a public restroom.

"The Minnesota Supreme Court," said the ACLU, "has already ruled that two men engaged in sexual activity in a department store restroom with the stall door closed had a reasonable expectation of privacy. They were, the Court held, therefore acting in a private, not a public place."

The conflated logic of the ACLU's bathroom briefs seems to be that someone entering a public restroom intending to use it for traditional purposes has no protection either from the gender sign posted at the door or from the otherwise vaunted right to privacy. Someone entering a public restroom intending to solicit and engage in sex, on the other hand, is protected by both the First Amendment and the right to privacy.

What else would you expect from a group that embraces an ideology that holds that partially born babies have no right to keep their skulls intact?