US women’s-only spa striped from excepting transfemales with male reproductive parts

(MENAFN) A federal appeals court has ruled that a women-only spa in Lynnwood, Washington must allow transgender women, including those who have not undergone gender-affirming surgery, to access its facilities. Olympus Spa, a traditional Korean bathhouse requiring full nudity for services such as massages and body scrubs, had previously denied entry to a trans woman who had not had genital surgery, prompting a legal challenge.

In a 2–1 decision on Thursday, the Ninth Circuit Court of Appeals determined that the spa's exclusion policy violates Washington State's anti-discrimination law, which protects individuals based on gender identity and expression in public accommodations. The court concluded that the state’s actions did not infringe on the owners’ First Amendment rights to religion, speech, or association.

The spa, operated by a Christian Korean-American family, argued that their religious and cultural beliefs prohibit allowing individuals with male genitalia to share nude spaces with women. In their lawsuit, they asserted that the state was forcing them to compromise their faith-based practices.

Judge Margaret McKeown, writing for the majority, stated that services like massages and body scrubs are not considered expressive conduct protected by the Constitution. She emphasized that accepting the spa’s argument could potentially undermine nondiscrimination laws across numerous businesses such as gyms and salons.

The controversy began in 2020 after the Washington State Human Rights Commission received a complaint from the transgender woman denied entry. The Commission claimed the spa's policy violated the Washington Law Against Discrimination (WLAD).

This ruling comes amid an intensifying national debate over transgender rights. Earlier this year, President Donald Trump rolled back federal protections for transgender individuals, issuing orders to ban transgender women from female sports and restrict medical gender-affirming procedures for minors, while also removing what he called “radical gender ideology” from the military.

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