Federal Court Says Christian-Owned, Women-Only Korean Spa Must Allow Trans-Identifying Males
A federal appeals court ruled against a Christian-owned traditional Korean spa in Washington, stating that the women-only business must allow the patronage of transgender-identifying males.
The owners of Olympus Spa, a women-only business with locations in Lynnwood and Tacoma, sued the state in 2023, claiming their First Amendment rights would be violated if they were forced to allow transgender-identifying males to enter, MyNorthwest reported Thursday. The spa only allows “biological women,” and excludes men and preoperative transgender-identifying males (those who have not undergone sex change surgeries).
The Washington State Human Rights Commission argued that the spa’s policy violated Washington’s Law Against Discrimination, which has been broadly interpreted to include “gender expression and identity.” The U.S. Court of Appeals for the Ninth Circuit agreed with the commission, stating that the state did not violate the spa’s rights to freedom of religion, speech, and association.
“The spa’s religious expression was only incidentally burdened,” Judge M. Margaret McKeown wrote in the majority opinion, claiming that limits on the spa owner’s free speech were necessary to eliminate discrimination.
“We are not unmindful of the concerns and beliefs raised by the Spa. Indeed, the Spa may have other avenues to challenge the enforcement action. But whatever recourse it may have, that relief cannot come from the First Amendment,” she added. (Read more from “Federal Court Says Christian-Owned, Women-Only Korean Spa Must Allow Trans-Identifying Males” HERE)
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