A court in Washington has mandated that a Korean women-only spa, where nudity is required, must allow transgender women even when they have not yet surgically removed their penises.
Judgment of Discrimination Against Olympus Spa
According to the New York Post, Judge Barbara Jacobs Rothstein of the Seattle District Court declared a discrimination verdict against Olympus Spa earlier this week. The complaint had been brought by Seattle trans activist Haven Wilvich, who calls herself "more woman" than many feminists who are "only incidental."
The court documents state that Wilvich identifies as a woman but is naturally male that has not had sex reassignment surgery.
The traditional Korean spa has previously defended its women-only rule by saying it was essential for the safety, legal protection, and well-being of its customers.
According to the verdict, transgender women are welcome there, but only after they have had post-operative sex confirmation surgery.
Initially filing a complaint in February 2020, Wilvich eventually received confirmation from the Washington State Human Rights Commission (WSHRC) that the Korean spa had discriminated against her on the basis of her sexual orientation.
Wilvich had an online post in 2021, rejoicing that she had succeeded in convincing "the main naked lady spa in the area to change their policies and allow all self-identified women access regardless of surgery and genitals," according to Daily Mail.
Those whose "gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth" are included in the WSHRC's definition of sexual orientation, which Judge Rothstein used in her verdict.
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The Spa Owner Is Appealing the Decision in Court
Myoon Woon Lee, the spa owner for the last two decades, filed a lawsuit to overturn the ruling. He claimed that it ran counter to his "traditional, theologically conservative" Christian views and put his clients at risk, as reported by the New York Post.
Lee expressed his concern that Olympus Spa may face legal consequences if female guests were exposed to male genitalia.
Based on the spa owner's complaint, there were several instances when customers saw male genitals being exposed. This allegedly caused customers to feel humiliation, trauma, and rage. "Those patrons apparently demanded refunds and never returned."
Lee said in his lawsuit that the discrimination policy requires them to serve both naked men and naked women in the same rooms. This, he said, forces them to choose between breaking the law or going against their religious beliefs.
One frequent patron of the Korean-style spa who supported the case identified as a Christian and said she "believes that men and women should not be viewing each other's naked bodies unless married to each other."
WSHRC investigator Madison Imiola, nevertheless, maintained that the policy of not serving transgender people like Wilvich amounted to discrimination. She points out that Olympus Spa's "biological women" policy is more concerned with customers' privates than with welcoming transsexual women.
Olympus Spa has 30 days to submit an amended complaint in response to the judge's dismissal of its case.
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