Judges Decline to Review Case of Spa Admitting Transgender Women

A federal judge chose not to dissent on Thursday when the U.S. 9th Circuit Court of Appeals declined to revisit a case involving a Christian-owned women’s spa in Washington state that was mandated to allow men entry.

Judge Lawrence Van Dyke, appointed by former President Donald Trump, expressed his views in a somewhat critical manner. “It’s about exchanging one group for another,” he remarked.

He noted the spa owners’ concerns: “It’s understandable why the owners of Olympus Spa don’t want men present,” Van Dyke pointed out. “They don’t want male customers or employees, yet Washington state insists they must allow them, and the 9th Circuit seems to agree.”

The family-operated spa faced allegations of discrimination back in 2020 for not accepting transgender individuals who had not undergone sex reassignment surgery. Since then, they have been entrenched in a legal dispute. In May, a panel from the Ninth Circuit decided that the spa’s First Amendment rights weren’t being infringed upon by state regulations.

Subsequently, the spa sought both a panel and full court rehearing, both of which were denied, prompting Van Dyke to voice strong disagreements with his colleagues’ perspectives.

“There seems to be a collective insanity among those in charge,” he argued, suggesting that heightened sensitivity from regulators and judges could lead to negative repercussions for women and girls. “While some might argue that democracy means accepting what we elect, certain fundamental rights, like free exercise of religion, are safeguarded by the Constitution to prevent majoritarian encroachment. It’s upsetting that the majority on the panel appears to have allowed Washington state officials to infringe upon these rights that the Constitution has long protected.”

Van Dyke critiqued his colleagues’ rationale, stating that:

• “Under [Washington Law Against Discrimination], this does not apply as it favors comparable secular actions over the religious practices at Olympus Spa.”
• “The application of WLAD is not neutral; it offers exemptions to only a select number of preferred religious activities based on theological preferences.”
• “The redefinition of ‘sex’ under WLAD erodes established legal protections aimed at safeguarding women and threatens laws concerning voyeurism and indecent exposure.”

Some judges were evidently displeased with Van Dyke’s frankness. Mary Margaret McCune, a Clinton appointee, stated that the judicial system shouldn’t resemble “raunchy barroom banter” and criticized Van Dyke’s wording, claiming it diminishes public trust in the judiciary.

In response, Van Dyke remarked: “It seems my aggrieved colleagues are more concerned with delicate language than with issues like government overreach impacting religious freedom and women’s rights. Such inconsistencies speak volumes. Citizens deserve a system they can rely on.”

Olympus Spa, a traditional Korean-style nude spa exclusively for women, requires guests to be unclothed in the pool area. The spa caters specifically to those “presenting physically as female” and explicitly excludes men unless they have undergone gender confirmation surgery.

In 2020, a transgender man, Caleb Richmond, attempted to gain entry to the spa under Washington’s anti-discrimination laws but was initially denied, leading him to file a complaint with the state’s Human Rights Commission. The spa maintained that its policy of only admitting “biological females” aligns with state law and is crucial for the safety and well-being of its clients.

“Washington has misapplied laws intended to protect women’s rights and has stripped those protections away,” noted Justice Kenneth Lee, who diverged from the panel majority.

This ongoing legal battle highlights the tensions surrounding personal beliefs, government regulations, and women’s rights, with many voices on both sides expressing deep concerns about the implications.