JBG
Liberal democrat
The majority opinion of the 9th Circuit Court of Appeals, the second highest court for the Pacific rim states, in OLYMPUS SPA; et al., Plaintiffs - Appellants, v. ANDRETA ARMSTRONG, Exec. Dir. of the Washington State Hum. Rts. Comm'n & MADISON IMIOLA, Defendants - Appellees., No. 23-4031, 2026 WL 700882, affirmed a Washington State statute that was enforced to require a nude, female-only spa to admit males who consider themselves females. I am highlighting the dissenting opinion, omitting certain language that appears in a published judicial decision that may violate TOS (complete language may be obtained by viewing decision or the blog discussion). I think, shorn of this language, the dissent by Judge Vandyke gets it right:
Above the Law - A Legal Web Site writes in ‘We Are Better Than This,’ Say Ninth Circuit Judges Despite All Evidence To The Contrary :
9th Circuit Court of Appeals said:OWENS, Circuit Judge, joined by FORREST, Circuit Judge, respecting the denial of rehearing en banc:
9th Circuit Court of Appeals said:Regarding the dissenting opinion of Judge VanDyke: We are better than this.
VANDYKE, Circuit Judge, dissenting from the denial of rehearing en banc:
This is a case about (omitted language). The Christian owners of Olympus Spa—a traditional Korean, women-only, nude spa—understandably don't want them in their spa. Their female employees and female clients don't want them in their spa either. But Washington State insists on them. And now so does the Ninth Circuit.
You may think that (omitted language) shouldn't appear in a judicial opinion. You're not wrong. But as much as you might understandably be shocked and displeased to merely encounter that phrase in this opinion, I hope we all can agree that it is far more jarring for the unsuspecting and exposed women at Olympus Spa—some as young as thirteen—to be visually assaulted by the real thing.
*22 Sometimes, it feels like the supposed adults in the room have collectively lost their minds. Woke regulators and complicit judges seem entirely willing, even eager, to ignore the consequences that their Frankenstein social experiments impose on real women and young girls. Yet if harmful and unfortunate consequences were all this case was about, we'd have to shrug and say: “That's what comes with living in a democracy.” Unless the Constitution is implicated, we get what we voted for “good and (omitted language).”1
OLYMPUS SPA; et al., Plaintiffs - Appellants, v. ANDRETA ARMSTRONG, Exec. Dir. of the Washington State Hum. Rts. Comm'n & MADISON IMIOLA, Defendants - Appellees., No. 23-4031, 2026 WL 700882, at *21–22 (9th Cir. Mar. 12, 2026)
Above the Law - A Legal Web Site writes in ‘We Are Better Than This,’ Say Ninth Circuit Judges Despite All Evidence To The Contrary :
I personally believe that SCOTUS’s decision in the case which held that the State of Colorado could not force a bakery to bake a cake celebrating a gay marriage excuses private businesses from having to allow patently offensive conduct on their premises. I do not believe that minor children should be exposed to cross-gender nudity either in furtherance of a “Frankenstein social experiment.”Above the Law said:Judge Lawrence VanDyke of the Ninth Circuit, is an unqualified hack. The ABA noted as much when it rated him “not qualified” upon his nomination, calling him “arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice including procedural rules.” In response, the second Trump administration banned the ABA’s input on judicial qualifications. He has since spent his tenure confirming their prescience with a string of unhinged and juvenile dissents that have compared his colleagues to criminals, insulted them as “possessed,” and prompted pointed rebukes from his own court.