Couple things:
The transvestite argument:
Doesn’t work in this context because your argument merely deals with a bathroom issue. Nothing stops a trans from walking into a store and buying things. Without the ADA, many handicapped could not walk into a store or other place of business and get a basic need, and without federal requirements, VERY few stores - especially new ones - would take steps to insure such a clientele (though, post-ADA, it may be different, just as post-civil rights era, it is going to be different on racial matters, but that never required extra construction and percieved extra expenditures).
Is it constitutional? I actually wonder; no, the role of the government is NOT to dictate sink height to private businesses. Is it one of the shortcomings of the Constitution that the government cannot require “equality?” (which is a VERY vague term in and of itself, and has definitely been overapplied).
Does the ADA erode liberties? It’s an interesting case where it liberates some (the disabled) at the required expense of others (the abled), and almost seems a certain type of invasion of personal property rights.
On secession? Depends on who you ask. Was there ever, in reality, a CSA, or did the Southern states remain a part of the USA the entire period?
Well, there were conditions (unconstitutionally) laid upon the Southern states (by Republicans, no less, one of the party’s darker moments) for readmittance to the Union. There WAS a definite division, and there was a loss of constitutional rights for the South for a time.
And yes, I guess I’m “progressive” about the ADA. My thesis has to do with disability advocacy, and it more or less intrigues me. I know that there are definite times where the ADA was carried too far (especially considering the definition of “disabled” at times), but I have come to understand a few things.
Under IDEA (which guarantess education) the disabled are finally getting access to the one great equalizer in our country - education. Under ADA, they can actually enter a workplace for which they can mentally qualify, if not physically, and I know that ANY smart business will undergo the expense of the ADA if they know that a disabled person can produce given accomodations.
Also, it’s likely that sooner or later we’ll all be disabled. That’s part of what we all have to keep in mind in discussing this issue.