Olympus Spa, an all-female nude spa in Washington state, is appealing a 9th Circuit Court decision that ruled against the spa on grounds of discrimination under the Washington State Law Against Discrimination (WLAD). The case originated when a preoperative transgender woman was denied entry to the spa, which requires nudity in its pool area and caters exclusively to a single-sex clientele. The 9th Circuit upheld the ruling, stating that the spa’s entrance policy violated WLAD by discriminating based on gender expression or identity, and rejected the spa’s First Amendment argument, noting that the government’s objection was to the unlawful practice, not the message conveyed.

Olympus Spa is now petitioning the Supreme Court, arguing that the spa is a cultural institution founded to preserve Korean communal bathing traditions and qualifies as an expressive association. The spa contends that the forced inclusion of nude males impairs its mission of spiritual renewal and cultural expression. Additionally, the spa’s owners, who are Christian, assert a religious exemption, citing their belief that men and women should not be unclothed together unless married. The spa’s petition draws on the 2021 Supreme Court decision in Tandon v. Newsom, arguing that WLAD’s exemption for “bona fide clubs” should apply to the spa if it operated as a private club rather than a public business. However, legal experts suggest that the spa’s arguments face significant challenges, particularly regarding the interpretation of religious exemptions and the distinction between public accommodations and private clubs under WLAD.

This is a summary. Read the original at yahoo.com.