Story highlights S.E. Cupp, who's no fan of Donald Trump, thinks he got this issue right and Ted Cruz got it wrong

Laws to regulate which bathroom people can use are ridiculous she says

SE Cupp is the author of "Losing Our Religion: The Liberal Media's Attack on Christianity," co-author of "Why You're Wrong About the Right" and a columnist at the New York Daily News. The opinions expressed in this commentary are hers.

(CNN) It seems smug to put it this way, but I will give Donald Trump credit for one thing: bathrooms.

It's not an undercut. On the issue of legislating transgender bathrooms --and maybe only on this issue, if you ask me -- Trump is completely right, and his rival Ted Cruz completely wrong.

The billionaire said Thursday on the "Today" show on NBC that, "There have been very few complaints the way it is. People go, they use the bathroom that they feel is appropriate. There has been so little trouble, and the problem with what happened in North Carolina is the strife and the economic punishment that they're taking. So I would say that's probably the best way.

Cruz, in turn, attacked Trump's view , telling Glenn Beck: "it is simply crazy and the idea that grown men would be allowed alone in a bathroom with little girls -- you don't need to be a behavioral psychologist to realize bad things can happen, and any prudent person wouldn't allow that."

I'm not sure how seriously Trump has contemplated this very controversial, thorny issue. Suffice it to say, it's likely that his position, which is that transgender people like Caitlin Jenner should be able to use whichever gender bathroom they want, was not informed by any deep philosophical contemplation of free societies or identity politics, nor by the limits of the Constitution or the role of the states.

Read More