Overview

• On May 29, a 2-1 panel of the 9th U.S. Circuit Court of Appeals ruled that Washington can enforce its anti-discrimination law against Olympus Spa’s policy barring transgender women without surgery.
• Judges Margaret McKeown and Ronald Gould found the law treats religious and secular organizations equally and does not infringe on expressive association or religious exercise.
• In dissent, Judge Kenneth Lee warned that the ruling forces female patrons and employees to undergo intimate treatments alongside individuals retaining male genitalia.
• Spa attorney Kevin Snider of the Pacific Justice Institute announced plans to seek a rehearing before the full 11-judge appeals court panel.
• Similar cases in California have prompted spas to change their policies under human rights commission scrutiny; the Supreme Court is preparing to decide challenges to bans on gender-affirming care for minors.