A Washington judge has ruled that a female-only spa is similar to a "Whites-only" policy.
A transgender woman who had not undergone sex-reassignment surgery was denied services at a spa, leading to accusations of discrimination.
On Monday, a judge from the Ninth Circuit Court of Appeals stated that the female-only policy of the Olympus Spa in Washington is similar to a "whites-only" policy.
The legal counsel of Olympus Spa, a Christian Korean-run operation, argued in court on Monday that its mandate limiting patrons to "biological females" is protected by constitutional rights. The Ninth Circuit panel is considering the state's Human Rights Commission's accusation of discrimination against the business in 2020.
A transgender woman was denied services at a spa, sparking accusations of discrimination, according to conservative radio host Jason Rantz.
A Bill Clinton appointee, Judge M. Margaret McKeown, criticized the female-only admissions policy.
"If a law specifies 'White applicants only,' it is equivalent to saying 'Biological women entrance only.' It appears that they are similar in nature," McKeown stated.
"You can't have a restaurant that is only for white people and then claim a religious or spiritual nature when you serve special food to others. This contradicts the initial statement."
The spa only allows transgender women who have undergone post-operative sex confirmation surgery, according to Rantz's report based on court documents.
The safety, legal protection, and well-being of our customers are of utmost importance to Olympus Spa, as stated in their policy.
The seshin body scrub service offered by the Christian-owned facility is a Korean-style nude body scrub that adheres to religious beliefs that only married men and women can be unclothed in the same room together. The owners maintain that biological males are not allowed to enter the facility. However, the website states that biological women and those who have undergone post-operative sex or gender confirmation surgery are welcome to use the service.
The nudity policy of the spa operators was defended in court by their legal counsel, who maintained that it complies with state laws and codes.
During arguments on Monday, the spa's attorney, Kevin Snider of Pacific Justice Institute, stated that the women participating in this cultural and spiritual experience have associational and free exercise rights, as per the spa's position.
McKeown challenged Snider's interpretation of the spa's policy on Monday, stating that it's not really "biological women are welcome."
"The reality is that nonbiological women are not welcome."
The state mandated that the spa accept men who identify as women, and the comments made in the hearing on Monday were in response to this requirement.
Last year, a Washington-state judge struck down the spa's counter-lawsuit against the Human Rights Commission, as the spa attempted to uphold their female-only policy by arguing that their Constitutional rights were being violated.
Olympus Spa has locations in Tacoma and Lynnwood.
media
You might also like
- Courtroom drama ends with 'vindication' for CNN plaintiff: 'I'm glad it's over'
- Liberals should embrace 'intellectual honesty' and criticize local leaders regarding the California fires, according to Maher.
- Piers Morgan interrupts woman's rant about 'White man mantra': "Complete and utter halfwit"
- Martin Luther King III and Arndrea Waters King discuss using Dr. King's legacy to strengthen communities.
- Michelle Obama receives high praise from 'View' co-hosts for not attending the inauguration.