A federal judge in Washington issued a dissent criticizing his colleagues for ruling against a female-only nude spa that refused service to transgender individuals with male anatomy. The Trump-appointed US Circuit Court Judge Lawrence VanDyke called it a "case about swinging d–ks" in his opinion on March 12.
VanDyke expressed frustration, stating, "Sometimes, it feels like the supposed adults in the room have collectively lost their minds." This dissent came as the Ninth Circuit Court of Appeals dismissed a First Amendment case from Olympus Spa, which has been embroiled in a legal battle since a trans activist, Haven Wilvich, filed a complaint in February 2020.
Wilvich, who had not undergone gender reassignment surgery, was denied entry to the spa's Lynnwood location near Seattle, leading her to file a discrimination complaint with the Washington State Human Rights Commission. The spa argued that Washington state law requiring them to serve transgender women with male anatomy posed risks to women and girls.
VanDyke criticized what he described as the law being applied in a "perverse way" and accused "woke regulators and complicit judges" of ignoring the impact on real women and girls. He highlighted the spa's stance, stating, "The Christian owners of Olympus Spa — a traditional Korean, women-only, nude spa — understandably don’t want them in their spa."
In 2021, the state deemed the spa's policy discriminatory, resulting in compliance from the business. However, in 2022, the spa sued to reverse this decision. Olympus Spa's attorney, the commission, and Wilvich did not immediately respond to requests for comment.
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