Legal Battle Over Women’s Spa in Washington State
The conservative Christian owners of a Korean women-only nude spa in Washington state are facing significant challenges after refusing entry to a transgender woman who has not undergone surgery. This incident has sparked a contentious legal battle that’s drawn considerable attention.
After nearly a decade of disputes with the Washington Commission on Human Rights—which determined that the spa’s women-only policy breached state law—the immigrant family behind Olympus Spa might finally see their case brought to court. This legal fight could potentially affirm their religious rights.
On Monday, the Pacific Justice Institute, which has represented the Lee family throughout, asked the U.S. Supreme Court to take up their case, known as Olympus vs. Armstrong.
Brad Dacus, the founder of PJI, emphasized that this situation extends beyond just one law or one business. He stated, “This case raises an essential question: To what degree must the government disregard individuals’ deeply held religious beliefs in order for them to operate a business in the U.S.?”
Background of the Policy
Prior to 2020, Olympus Spa successfully upheld a women-only policy for over two decades without any issues. However, everything shifted in late 2020 with the revelation that Caleb Richmond, a transgender woman, had lodged a complaint. Richmond, formerly married, claimed that in January of that year, the spa denied her entry, arguing that non-surgical transgender women might make other guests uncomfortable.
The spa’s stance has been that participants must “physically exist naked as women,” a policy which is rooted in a traditional Korean practice. Co-owner Sang Lee noted that they had not violated any state anti-discrimination laws, which prohibit denying anyone the full enjoyment of a public facility based on gender or sexual orientation.
Unfortunately, the Washington state authorities did not accept Lee’s explanation. Facing possible legal actions, the spa agreed to a settlement that required them to comply with Washington’s anti-discrimination rules while still maintaining their right to object on constitutional grounds.
In March 2022, Olympus Spa filed a lawsuit against the WHRC, arguing that enforcing these discriminatory laws infringe on their First Amendment rights concerning religion, free speech, and association. The spa claimed compliance would force them to confront a severe moral dilemma: honor the law or their faith.
Dacus shared that the Lee family prefers to remain out of the spotlight, desiring only to manage their business without moral conflicts.
In 2023, a Washington District Court judge dismissed the case outright, but Lee filed an appeal. This led to further frustration for the family as a panel in the Ninth Circuit ruled that spas cannot sue the WSHRC on First Amendment grounds.
Judge Lawrence Van Dyke criticized this lack of a rehearing, asserting that the situation bordered on insanity and that both regulators and judges appeared indifferent to the very real consequences of their decisions on the lives of women and girls.
The Lee family remains firmly resolved to continue their fight despite numerous setbacks. In a recent petition to the Supreme Court, they asked if requiring a Christian all-female jjimjilbang to admit men infringes on the Free Exercise Clause. They also questioned whether laws that discriminate based on anatomy unjustly categorize based on gender identity.
Claims from the family’s legal team assert that a single complaint from someone who likely never visited the spa led to a state conclusion that overrode centuries of cultural practices and deep-rooted religious beliefs, consequently harming the owners’ small business.
Lee expressed gratitude to the Pacific Justice Institute for their legal guidance and hopes that the Supreme Court will appreciate the gravity of this issue, particularly regarding women’s rights, dignity, and privacy.
While Dacus acknowledged the complexity of the case and recognized the Supreme Court’s cautious approach to sensitive civil rights issues, he also encouraged other business owners facing similar situations to stand firm and seek legal help.
