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Controversial ruling allows biological men in women-only spa

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Good morning! It’s Monday, June 26, and we’re in the midst of Pride Month. In recent news, a federal judge in Seattle ruled on June 5 that a women-only Korean spa must allow biological men who identify as women to enter, regardless of their male genitals. This decision has ignited conversations about women’s rights and the acknowledgement of biological distinctions.
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The facade of Olympus Spa in Lynnwood, near Seattle [Screen capture]
A federal judge has ruled that a women-only Korean spa with a compulsory nudity policy must admit biological men who identify as women, even if they still have male genitals. This decision has sparked discussions on women’s rights and the recognition of biological differences.

On June 5, Judge Barbara Jacobs Rothstein of the Seattle District Court upheld the Washington State Human Rights Commission’s order for the Olympus Spa in Lynnwood, near Seattle, to admit pre-op transgender women into the women-exclusive facility. The complaint was filed in February 2020 by transgender activist Haven Wilvich after a phone call to the spa where Wilvich was informed that pre-op transgender women were not allowed. It is noteworthy that Wilvich identified as a woman but had not undergone sex reassignment surgery and was biologically male at the time.

The family-owned spa, which follows the model of sex-segregated bathhouses in Korea, previously accepted transgender women who had undergone sex-change surgery. The owners, Myoon Woon Lee and Sun Lee, argued that their women-only policy was essential for the safety, legal protection, and well-being of their customers. They expressed concerns about exposing female customers, including minors, to male sexual organs. The Lees, who are Christians, claimed that the commission’s order violated their First Amendment rights and religious liberty by forcing them to change their policy.

The commission argued that the spa’s women-only policy was discriminatory as it focused on patrons’ genitals rather than their gender identity. Investigator Madison Imiola stated that the spa’s policy was discriminatory since the commission recognizes that gender identity can differ from the assigned biological sex at birth.

On July 3, 2021, clashes erupted between transgender rights activists and conservative Christians in Koreatown, Los Angeles, outside Wi Spa. The spa, which had allowed pre-op transgender women into women-only spaces within the facility, became the focal point of the protests. [Sangjin Kim, The Korea Daily]
Judge Rothstein dismissed the Lees’ argument of “compelled speech” and their claim of religious liberty, upholding the commission’s decision. The ruling cited the commission’s definition of “sexual orientation,” which includes individuals whose gender identity, self-image, appearance, behavior, or expression differs from their assigned sex at birth. The judge granted the Olympus Spa 30 days to file an amended complaint challenging her order dismissing their lawsuit. The owners of Olympus Spa are determined to take this case to the U.S. Supreme Court.

This ruling intensifies the ongoing debates about whether biological men who identify as women should be allowed in women-only spaces. Concerns arise regarding the difficulty of distinguishing between the two genders and the potential for sex offenders to exploit these policies by posing as pre-op transgender women.

An incident that reinforced these fears occurred at the Wi Spa in Koreatown, Los Angeles. In June 2021 and August 2022, a naked individual with male genital, who identified as a transgender woman, entered the biological women-only space, causing a significant commotion. The individual in question, Darren Merager, turned out to be a registered sex offender since 2006, with convictions for indecent exposure in 2002 and 2003. On December 13, 2022, Merager was arrested on five felony charges, including indecent exposure.

This ruling raises concerns about the safety and security of women’s spaces, as it now allows the possibility of biological men who self-identify as women gaining access. It may lead to debates about the inclusion of men who identify as female in private spaces for girls, such as restrooms, showers, and locker rooms, as well as their participation in women’s sports events.

By Mooyoung Lee   lee.mooyoung@koreadaily.com