A controversial case in Washington State has become a flashpoint in the national conversation on trans rights and religious freedom. The U.S. Court of Appeals for the 9th Circuit has ruled that Olympus Spa, a women-only Korean spa in Lynnwood, must comply with state anti-discrimination laws after denying access to a transgender woman, Haven Wilvich, because she has not completed surgical transition.
The spa had argued the policy was based on their Christian beliefs and modesty customs, and claimed the enforcement violated their rights to free speech, religious freedom, and freedom of association. But the court disagreed. Judge M. Margaret McKeown wrote,
“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.”
The ruling clarified that businesses serving the public are not protected as intimate or expressive associations under the law and must follow anti-discrimination rules, even in nude settings.
A dissent from Judge Kenneth Lee called the state’s response political and suggested the law unfairly targeted Asian Americans. Olympus Spa is represented by Pacific Justice Institute — a group labeled an anti-LGBTQ hate group by the Southern Poverty Law Center. They say they plan to appeal.
