A Ninth Circuit Court of Appeals judge likened the female-only policy of Olympus Spa, a Christian Korean-owned business in Washington, to a “whites-only” rule during a hearing on Monday. The spa restricts entry to “biological females,” citing constitutional rights, but faces accusations of discrimination from the state’s Human Rights Commission.
The case stems from a 2020 complaint after the spa denied services to a transgender individual who had not undergone sex-reassignment surgery. Judge M. Margaret McKeown, a Clinton appointee, criticized the spa’s admissions policy, equating it to racial segregation in business practices.
McKeown stated, “You can’t have ‘White people only’ come into my restaurant… This seems quite different.” The judge also rejected the spa’s framing of its policy, asserting, “It’s not really ‘biological women are welcome.’ It means nonbiological women are not welcome.”
Olympus Spa provides Korean body scrub services requiring nudity and claims its policy protects the safety and spiritual convictions of patrons. The spa’s owners maintain that biological males should not be present during these sessions, aligning with their Christian beliefs. They argue that the practice is tied to cultural and religious values, allowing only biological women or those who have undergone gender-confirmation surgery.
Attorney Kevin Snider, representing the spa, argued that the policy is consistent with state law and protects the associational and free exercise rights of patrons. The spa’s website highlights that the policy ensures customer safety and aligns with its religious convictions about modesty and gender.
In 2022, a Washington judge dismissed the spa’s lawsuit against the Human Rights Commission. The spa continues to argue that its constitutional rights were violated when the state mandated it accept individuals identifying as women, regardless of biological sex.
Olympus Spa operates in Tacoma and Lynnwood, with the Ninth Circuit panel now deliberating the case.
