A federal judge in Washington recently expressed strong dissent over a ruling that required a trans woman, who has not undergone gender reassignment surgery, to be admitted to a women-only nude spa. U.S. Circuit Judge Lawrence Van Dyke, a Trump appointee, criticized his colleagues on the 9th Circuit Court of Appeals in an opinion dated March 12.
“Sometimes it feels like the adults in the room have collectively lost their minds,” Van Dyke remarked, pointing to what he viewed as absurdity in the case.
His comments followed the dismissal of Olympus Spa’s First Amendment lawsuit, stemming from a complaint filed by trans activist Heaven Wilbich in February 2020. After calling the spa, located in Lynwood near Seattle, she learned that only post-surgery transgender women were allowed, prompting her to file a discrimination complaint with the Washington State Human Rights Commission.
Since then, the spa has contested this decision, claiming that a state law requiring them to serve trans women, regardless of surgical status, infringes on their rights. Van Dyke suggested that the law is being enforced in a troubling manner that could jeopardize women and young girls.
He labeled the enforcement as a “Frankenstein social experiment” imposed by regulators and judges who seem indifferent to the implications for actual women and girls, particularly in a spa owned by Christians that caters to women.
Additionally, he noted that female employees and customers at the spa are opposed to these regulations, yet they are being enforced by the state and upheld by the court.
In 2021, Washington state ruled the spa’s policies as discriminatory. While the spa agreed to comply, they subsequently filed a lawsuit in 2022 to overturn that decision.
As of now, Olympus Spa’s legal team, along with the commission and Wilbich, have not replied to requests for comments.
