In a ruling that echoes similar legal decisions in Canada, a Christian-owned Korean female-only nude spa is being forced to include trans-identifying males with male genitalia in its facilities.
In a decision filed on Thursday, the U.S. Ninth Circuit Court of Appeals determined the spa’s exclusion of trans-identifying males abridges the Washington Law Against Discrimination. As such, the court ruled against the spa’s decision to exclude “preoperative transgender women who have not yet received gender confirmation surgery affecting their genitalia.”
In other words, the female-only nude spa must allow individuals with male genitalia to use their facility.
The case dates back to 2020 when “an agency tasked with enforcing (Washington’s anti-discrimination law) received a complaint from a transgender woman.”
According to court documents, the complaint alleged that Olympus Spa “denied (her) services and stated that “transgender women without surgery are not welcome because it could make other customers and staff uncomfortable.”
“Specifically, the spa excluded preoperative transgender women who have not yet received
gender confirmation surgery affecting their genitalia,” the document continued.
After an investigation, Olympus Spa, which has two locations in Washington state, was found to have discriminated against a trans-identifying male with fully intact male genitalia after it prohibited him from using the women’s facility that requires patrons to be nude.
The three-judge panel ruled against the spa 2-1.
The U.S. Federal Court’s decision mirrors similar rulings made north of the border.
In 2019, for example, the Vancouver Rape Relief and Women’s Shelter — the oldest rape crisis centre operating in Canada — was stripped of its city funding after refusing to serve and house biological men who identify as females.