“Without a federal statute, E/O, or SCOTUS decision, it is a state’s rights issue, as Spicer said.”
Until a federal court decides it’s a civil rights issue. This is how we ended bans against interracial marriage, against same sex marriage, and upheld the Civil Rights Act of 1964 and the public accommodation laws that went with it. Because equal protection under the law IS in the Constitution. And the day will come when a federal court decides that because being transgender is an immutable characteristic, transgender people have the right to pee according to their gender identity, just as cisgender people do.