This story was originally published on MyNorthwest.com
A federal appeals court ruled in favor of Washington after the state told a Christian-owned traditional Korean spa that barring transgender women from its services violates the state’s anti-discrimination law.
Olympus Spa is a women-only spa located in Lynnwood and Tacoma. In 2023, the owners of Olympus Spa filed a lawsuit against Washington, claiming their First Amendment rights would be violated by allowing trans women to enter. Olympus Spa’s policy restricts entry to “biological women,” excluding men and preoperative transgender women (those who have not had gender-confirmation surgery).
The Washington State Human Rights Commission claimed the spa’s barring of transgender women was a violation of Washington’s Law Against Discrimination. Two years later, a federal appeals court agreed, stating that this ruling does not violate the spa’s rights to the 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 the limits of the spa owner’s free speech were essential to eliminate discriminatory conduct.
This conflict between the state and Olympus Spa started in 2020 when the spa turned away a transgender woman, asking if she could receive the spa’s services. The spa told the customer they excluded transgender women who had not undergone gender confirmation surgery.
The Washington Law Against Discrimination was amended in 2006 to prohibit public facilities from discriminating on the basis of sexual orientation. The Washington definition of sexual orientation includes gender expression and identity.
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