A female-only nude South Korean spa has no right to exclude patrons with penises who identify as transgender, a federal judge ruled Monday.
The Washington State Commission on Human Rights previously ruled that Olympus Spa violated gender identity protections by excluding patrons who identified as transgender women, and Barbara in the U.S. District Court for the Western District of Washington. Judge Jacobs Rothstein upheld this decision. decide It did not violate the First Amendment to the Constitution. This spa is for women only and guests generally strip naked when using the facilities and services. (Related: ‘Transgender woman’ allegedly naked in front of children sued for access to girls’ locker room)
According to the ruling, the spa’s website says “biological women are welcome.” “It is Olympus Her Spa’s policy not to discriminate in programs or activities based on race, color, national origin, sex, age or disability, as required by applicable laws and regulations.”
LGBTQA+ rights advocates participate in a march for queer and trans autonomy at the Capitol in Washington, D.C., March 31, 2023. (Photo by ANDREW CABALLERO-REYNOLDS / AFP) (Photo by ANDREW) CABALLERO-REYNOLDS/AFP via Getty Images)
In addition to the women-only policy, spa workers also refused to massage or body-scrub naked men, according to the ruling.
Appointed by former President Jimmy Carter, Rothstein has ruled that state antidiscrimination laws are not ostensibly discriminatory and therefore do not violate the First Amendment to the U.S. Constitution.
Facilities such as spas and gyms are struggling to maintain women-only spaces as transgender activists want to allow men who identify as women to enter. In 2016, the American Civil Liberties Union (ACLU) filed a lawsuit against a gym in California to allow a man who identified as a transgender woman to use the girls’ locker room, alleging that the same person was accused of harassing an underage girl at the gym. accused of being naked in front of Another gym locker room years later. In July 2021, another transgender individual sparked protests for exposing his penis at a women-only spa and was eventually punished. arrested For obscene exposure.
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