Judge’s Dissent on Spa Access Case
A federal judge recently expressed his dissent in a case involving a man’s attempt to enter a women-only nude spa, referring to it as a “penis jiggling” case. Ninth Circuit Judge Lawrence Van Dyke, appointed by Trump, criticized his colleagues for focusing more on the language used rather than the implications of their decision, which could force men into Christian-run Korean spas under Washington’s anti-discrimination laws.
“You might think that a swinging penis shouldn’t be in a judicial opinion,” Van Dyke remarked. He mentioned that while it’s understandable to be shocked by the term, it pales in comparison to the discomfort experienced by women, some as young as 13, who were exposed at Olympus Spa.
Back in 2020, a man lodged a complaint with the Washington Human Rights Commission after Olympus Spa denied him service due to its policy against transgender women who haven’t had surgery, citing potential discomfort for other guests.
The Ninth Circuit upheld the state’s anti-discrimination law, stating that spas cannot refuse service based on anatomy and that doing so does not infringe on First Amendment rights.
Van Dyke accused the court’s “woke judges” of exhibiting “selective outrage” regarding the language he used, explaining that “dignified and polite” terms often disguise serious legal issues. He quoted Shakespeare, suggesting that beautifully phrased words can obscure significant problems in the law.
He expressed concern that the majority’s opinion overlooked the serious consequences its ruling could impose on ordinary people. “Even if it makes us squirm, our courts might need to experience some of the same scrutiny they impose on others,” he argued.
This isn’t the first time Van Dyke has stirred controversy. In March 2025, he released a dissenting video demonstrating firearms to challenge his colleagues’ views on a Second Amendment case, stating that even someone with minimal resources could prove their position wrong.
Van Dyke was noted as a candidate among Trump’s list of potential Supreme Court nominees in September 2020.
