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The Legal Battle Over Who Gets To Show Their Genitals at a Nude Spa Takes an Unexpected Turn
Washington’s Human Rights Commission voted to let businesses where nudity is central set entry rules based on genital characteristics. The change could allow a single-sex nude spa to exclude customers with particular genitalia, and may affect the legal dispute over whether Olympus Spa broke state anti-discrimination law by refusing entry to a transgender woman.
The Lynnwood spa’s owners are challenging the case at the US Supreme Court, arguing both that their First Amendment rights were violated and that their Christian beliefs should exempt them from the law. A federal appeals court previously rejected the First Amendment argument, saying the state was enforcing the law rather than targeting the spa’s message. The commission’s vote still needs to be formally filed as a rule; the article says the change may not resolve the case or the broader legal questions.
In short
- Washington voted to allow genital-based entry rules where nudity is central.
- Olympus Spa is asking the Supreme Court to review its dispute with the state.
- The rule’s effect on the case and wider law remains uncertain.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
A single-sex nude spa could argue that privacy, safety and the purpose of a space centred on shared nudity justify entry rules based on sex-related physical characteristics. Its owners may also say that applying anti-discrimination law to compel access conflicts with their religious convictions and freedom of expression, especially where the law’s application affects how they define the space.
The case against
A transgender woman and supporters of equal-access laws could argue that excluding her because she is transgender denies her equal treatment and risks treating genital characteristics as a proxy for identity. They may contend that public businesses should follow anti-discrimination rules, and that religious or expressive objections do not justify withholding services from a protected group.
Explained simply
Olympus Spa is a women-only spa in Lynnwood, Washington, where nudity is part of the experience. Washington state law generally bars businesses from discriminating against customers because they are transgender, and a dispute arose after the spa refused entry to a transgender woman.
The spa’s owners say applying the law infringes their freedom of speech and religion. A federal appeals court rejected their speech argument, finding that the state was enforcing its anti-discrimination law rather than targeting the spa’s message.
Washington’s Human Rights Commission has voted to let businesses where nudity is central set entry rules based on genital characteristics, though the change still needs to be formally filed. The dispute raises questions about how anti-discrimination protections interact with businesses’ policies and owners’ religious and speech rights.