Washington Judge Defends Spa's Refusal to Allow Pre-Op Trans Women

Trump-appointed judge calls out "woke" colleagues for forcing spa to serve trans women with penises

Mar. 14, 2026 at 2:48pm

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A federal judge in Washington issued a scathing dissent criticizing his colleagues on the Ninth Circuit Court of Appeals for forcing a female-only nude spa to serve transgender women who have not had gender reassignment surgery. The judge, Lawrence VanDyke, called it a "case about swinging d--ks" and said the spa's Christian owners and female customers "don't want them in their spa."

Why it matters

This case highlights the ongoing debate over transgender rights and the tension between protecting the rights of transgender individuals and preserving the privacy and safety concerns of cisgender women in certain intimate spaces. It also reflects the political divide, with the Trump-appointed judge taking a strong stance against "woke" policies.

The details

The case involves the Olympus Spa, a Korean-owned women's-only nude spa in Lynnwood, Washington. In 2020, transgender activist Haven Wilvich filed a complaint against the spa after being denied entry because she had not undergone gender reassignment surgery. The state later ruled the spa's policy discriminatory, and the spa sued to try to reverse the decision. The Ninth Circuit Court of Appeals rejected the spa's First Amendment case, prompting the scathing dissent from Judge VanDyke.

  • In February 2020, transgender activist Haven Wilvich filed a complaint against Olympus Spa.
  • In 2021, the state of Washington declared the spa's policy discriminatory.
  • In 2022, Olympus Spa sued to try to reverse the state's decision.

The players

Lawrence VanDyke

A Trump-appointed U.S. Circuit Court Judge on the Ninth Circuit Court of Appeals who issued a dissent defending Olympus Spa's policy.

Haven Wilvich

A transgender activist who filed a complaint against Olympus Spa in 2020 after being denied entry because she had not undergone gender reassignment surgery.

Olympus Spa

A Korean-owned women's-only nude spa in Lynnwood, Washington that is fighting a legal battle over its policy of excluding transgender women who have not had gender reassignment surgery.

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What they’re saying

“This is a case about swinging d--ks. Sometimes, it feels like the supposed adults in the room have collectively lost their minds.”

— Lawrence VanDyke, U.S. Circuit Court Judge

“Woke regulators and complicit judges seem entirely willing, even eager, to ignore the consequences that their Frankenstein social experiments impose on real women and young girls.”

— Lawrence VanDyke, U.S. Circuit Court Judge

“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, U.S. Circuit Court Judge

What’s next

The Olympus Spa is expected to continue its legal battle, potentially appealing the Ninth Circuit's decision to the U.S. Supreme Court.

The takeaway

This case highlights the ongoing tensions between transgender rights and the concerns of cisgender women regarding privacy and safety in certain intimate spaces. It also reflects the deep political divide, with the Trump-appointed judge taking a strong stance against "woke" policies that he believes ignore the consequences for women and girls.