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Trump-Appointed Judge Uses Crude Phrases in Spa Transgender Policy Case
VanDyke's dissent draws rebukes from 29 of his colleagues on the appeals court.
Mar. 13, 2026 at 3:38pm
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A Donald Trump-appointed federal appellate judge, Lawrence VanDyke, invoked the term 'swinging dicks' three times in an unusually crass dissenting opinion involving a nude, female-only Korean spa in Washington state. VanDyke's opinion, which argued in favor of the spa's attempt to bar transgender women from its facilities on free speech grounds, has drawn sharp rebukes from 29 of his fellow judges.
Why it matters
The case highlights the ongoing debate over transgender rights and access to public accommodations, as well as the broader issue of judicial temperament and the appropriate language to use in official court rulings and opinions.
The details
In his dissenting opinion, VanDyke repeatedly used the crude phrase 'swinging dicks' to refer to transgender women seeking access to the Olympus Spa's female-only facilities. His opinion argued that the spa should be allowed to exclude transgender women on free speech grounds, despite the state of Washington's laws prohibiting discrimination based on gender identity.
- The opinion was issued on Thursday, March 13, 2026.
The players
Lawrence VanDyke
A federal appellate judge appointed by former President Donald Trump, who wrote a dissenting opinion in the case involving the Olympus Spa's transgender policy.
Olympus Spa
A nude, female-only Korean spa in Washington state that sought to bar transgender women from its facilities on free speech grounds.
What they’re saying
“This is a case about swinging dicks. You may think that swinging dicks shouldn't appear in a judicial opinion. You're not wrong.”
— Lawrence VanDyke, Federal Appellate Judge
What’s next
The case is expected to continue working its way through the appeals court system, with the possibility of further review by the Supreme Court.
The takeaway
The use of such crude and inappropriate language by a federal judge in an official court opinion raises serious questions about judicial temperament and the need for greater professionalism and decorum in the judicial system, especially when dealing with sensitive issues like transgender rights.
