Trump-appointed judge under fire for vulgar attack on trans women

Lawrence VanDyke's dissent on a case involving a spa's transgender policy drew a scathing rebuke from fellow judges.

Mar. 13, 2026 at 5:36pm by Ben Kaplan

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Ninth Circuit Judge Lawrence VanDyke used crude and vulgar language to describe transgender women in a dissent, saying the case was about "swinging dicks." VanDyke's colleagues on the court strongly condemned his language, saying it "makes us sound like juveniles, not judges, and it undermines public trust in the courts." This is not the first time VanDyke has stirred controversy, as he previously attached an 18-minute video of himself handling firearms in his judicial robe to a dissent.

Why it matters

The episode highlights the ongoing debates around transgender rights and the role of the judiciary in addressing these sensitive social issues. VanDyke's comments have drawn criticism for their lack of decorum and potential to erode public confidence in the courts.

The details

In a case involving a Washington state spa that refused to allow transgender women patrons, VanDyke wrote a dissent using vulgar language to describe transgender women. He said the case was "about 'swinging dicks'" and criticized his colleagues who denied the spa owners' request for a full court rehearing, saying they "lost their collective minds." This prompted a scathing rebuke from 27 of the 9th Circuit's 51 judges, who said VanDyke's language "makes us sound like juveniles, not judges, and it undermines public trust in the courts."

  • On March 13, 2026, the 9th Circuit Court of Appeals denied the spa owners' request for a full court rehearing.

The players

Lawrence VanDyke

A Trump-appointed judge on the 9th U.S. Circuit Court of Appeals who has previously stirred controversy, including by attaching a video of himself handling firearms in his judicial robe to a dissent.

Mary Murguia

The chief judge of the 9th Circuit Court of Appeals, who was among the 27 judges who condemned VanDyke's language.

Olympus Spa

A Korean spa in Washington state that refused to allow transgender women patrons, leading to a legal case that VanDyke weighed in on.

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What they’re saying

“This is a case about swinging dicks. The Christian owners of Olympus Spa — a traditional Korean, women-only, nude spa — understandably don't want them in their spa. Their female employees and female clients don't want them in their spa either.”

— Lawrence VanDyke, Judge, 9th U.S. Circuit Court of Appeals

“VanDyke's language 'makes us sound like juveniles, not judges, and it undermines public trust in the courts. Neither the parties nor the panel dissent found it necessary to invoke such crude and vitriolic language. Decorum and collegiality demand more.'”

— 27 judges of the 9th Circuit Court of Appeals

“We are better than this.”

— Two 9th Circuit judges

The takeaway

This incident highlights the ongoing tensions around transgender rights and the need for judges to maintain decorum and professionalism, even when addressing sensitive social issues. The strong rebuke from VanDyke's colleagues suggests the court is concerned about the potential damage his language could do to public trust in the judiciary.