Full Breakdown
Supreme Court Petition Challenges Women-Only Spa’s Transgender Access Policy
8/11/2026, 9:25:31 PM
Core Event
A petition was filed today asking the U.S. Supreme Court to review a dispute over Olympus Spa’s policy that permits only post-operative transgender women to use its nude facilities. The spa, which offers traditional Korean body scrubs, open soaking pools, and steam rooms in Lynnwood and Tacoma, argues that admission must be based on anatomy rather than gender identity.
Background and Legal History
The controversy began more than six years ago when a transgender woman called the spa in January 2020 and was told she would be denied entry because she had not undergone surgery. She filed a complaint with the Washington Human Rights Commission, which ruled that a transgender woman cannot be excluded from women’s facilities solely because she is pre-operative or has male anatomy. The spa appealed, and the Ninth Circuit Court of Appeals upheld the commission’s decision. The spa, represented by lead attorney John Bursch of Alliance Defending Freedom and the Pacific Justice Institute, now seeks Supreme Court review.
Key Figures
- John Bursch – Lead attorney for Olympus Spa, Alliance Defending Freedom.
- Liz Bloomberg – Local client who expressed understanding of both sides.
- Alice – Client who questioned whether a business should serve both sexes.
- Kim Yuska – Client who said she would not share the space with a pre-operative transgender woman.
Official Statements & Arguments
Bursch contends that the spa’s entry rule is “based only on anatomy,” not on identity or gender expression. The petition outlines three potential grounds for Supreme Court intervention: (1) the spa’s right to operate according to religious beliefs, (2) the claim that banning based on anatomy is not discrimination, and a First Amendment argument that a traditional Korean female-only spa conveys a cultural message. He warned that a ruling could set a nationwide precedent affecting similar facilities.
Verbatim Quotes
- “We're asking the Supreme Court to review this case on behalf of the Olympus Spa and to hold that a spa that has an all-nude female clientele does not have to allow a male into its nude sauna area simply because he identifies as a woman,” — John Bursch, lead attorney
- “The whole policy, the entry policy that the spa has, is not based on anyone's identity or their gender expression or their feelings. It's based only on anatomy,” — John Bursch, lead attorney
- “Well, anytime that the Supreme Court rules on a case, it has effects everywhere in the country.” — John Bursch, lead attorney
- “It depends on the company -- does the company take both sexes or not? If not, I may find it strange and not come back,” — Alice
- “I probably wouldn't share it. I don't think I would participate,” — Kim Yuska
