Conflating “public” with “right on the street in front of my children” renders invisible the forces of capital and homophobic repression, and does the police’s propagandistic job for them. “Public” and “private” are only neatly separated when one has independent access to property.
If your system of ethics assumes that everybody has a single-family home with a white picket fence, then I don’t know what to tell you other than it’s just replicating the ethics of the capitalist American state.
Crimes which differentiate between public/private space are a way to control the existences of marginalized people, maintain property rights, and uphold the prison industrial complex!
Note how urination is not a crime, but public urination is. ie it’s a crime to have bodily needs while also not having access to your own personal private in-home bathroom and not having the means to afford to use a “public” bathroom for example a pay toilet (more popular outside of the US) or business bathroom for customers only.
Apply the same to public drug use, public indecency, public nudity, public sleeping. If you get to enjoy your right to do something in your own home, you can’t make “but the children!!” claims until you’ve addressed the fact that the vast majority of people hit by these crimes again and again are going to be those without homes.
Making public existence a crime means the state gets to forcibly remove people it hates from the geographic space that “good” society occupies. That’s what jails and prisons are. That’s why it’s a massive queer rights issue when cops start wrangling up homeless trans street sex workers in the weeks leading up to Pride in major cities. That’s why it’s a disability rights issue when bathrooms are inaccessible. When public existence becomes moralized to encompass types of existences which are totally acceptable in private, it means that marginalized people must either hole up in private and never go out (see: having to plan excursions around whether bathrooms are available) or that they will be forcibly removed by being locked up for not having a private space to be.
Human rights aren’t universal if they’re bound up in property rights that are in and of themselves non-universal. It’s fucked up to appeal to the authority of these laws as if they’re actually about the social responsibility of hurting others’ feelings instead of recognizing that this line of thinking is very much a mechanism of social control and that criminality is specifically constructed to maintain state power under capitalism!

