"Swinging D*cks" in Girls' Showers OKed by Full Court

WASHINGTON - March 15, 2026 - PRLog -- The federal 9th Circuit U.S. Court of Appeals has upheld a ruling which forces spas which are female-only - because they feature swimming and sauna visits where patrons, for religious reasons, are required to participate nude - to permit any man who claims to feel female to gawk at and expose himself to nude females as young as 13.

But as a stinging dissent explained:

"This is a case about swinging d—-. The Christian owners of Olympus Spa—a traditional Korean, women-only, nude spa—understandably don't want them in their spa. . . .. But Washington State insists on them. And now so does the Ninth Circuit."

The majority accepts that a spa may legitimately limit its clientele to females, but then seemingly expands that definition to include any men who claims - apparently without the need for any medical or other proof or validation - to feel more female than male. In other words, the majority says the law also prohibits discrimination on the basis of sexual orientation.

But, as one judge pointed out, the spas do not in fact discriminate on the basis of sexual orientation, gender expression or identity, or any other protected status:

"The Spa limits entry to biological women and post-operative transgender women (i.e., people who were born biological males but underwent sex-reassignment operations). The Spa will treat biological women and post-operative transgender women of any sexual orientation, race, religion, or any other protected status. To put it plainly, Olympus Spa—a female-only spa—provides services to anyone without male genitalia."

So, perhaps one way for the spas to remain in business would be to simply adopt a neutral-on-its-face - what the court termed "facial neutrality" - requirement that "Admission Is Restricted To Persons With Vaginas Regardless of Sexual Orientation, Sexual Preference, Gender Expression, or Gender Identity."

The court also refused to accept that the spa's policy was protected by the constitutional guarantee of free expression because "the Spa is also not an expressive association because the Spa and its patrons do not engage in expressive activity."

So perhaps asking patrons to engage in expressive activity by wearing small signs around their necks with slogans such as "Vaginas Rule," "No Penis Envy," or something more appropriate in the Kore language would permit them to adhere to their religious traditions.

Finally, says public interest law professor John Banzhaf, who has won many constitutional cases of discrimination against women, spas should simply reconstitute themselves as private clubs dedicated to carrying on this Korean religious tradition; a possibility the court itself suggested.

http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf