A Trump-appointed judge unleashed a fiery dissent with the phrase “swinging dicks” to defend women-only spa privacy against woke trans policies, igniting a judicial firestorm in the Ninth Circuit.
Story Highlights
- Trump appointee Judge Lawrence VanDyke criticizes court for forcing Christian-owned Olympus Spa to admit preoperative trans women, exposing female clients to male genitalia.
- Liberal judges led by M. Margaret McKeown rebuke VanDyke’s language as “vulgar barroom talk,” joined by 27-28 colleagues in a public spat.
- Spa owners cite religious objections and Korean cultural traditions for biological women-only policy, now under threat from Washington state’s anti-discrimination law.
- Ninth Circuit denies en banc rehearing; spa plans Supreme Court appeal amid national debate on women’s privacy vs. trans rights.
Case Background: Women-Only Spa Under Fire
Olympus Spa in Lynnwood, Washington, maintains a policy limiting entry to biological women, rooted in traditional Korean nude spa culture. The spa excludes men and preoperative trans women with penises but allows post-vaginoplasty trans women. Christian owners object on religious grounds to male genitalia in female-only spaces. Washington Human Rights Commission enforced the Law Against Discrimination, mandating admission based on gender identity. U.S. District Judge Barbara Jacobs Rothstein dismissed the spa’s free speech, religious exercise, and association claims in June 2023.
Ninth Circuit Ruling and VanDyke’s Bold Dissent
A divided Ninth Circuit panel upheld the district court in late 2025. Senior Judge M. Margaret McKeown wrote the majority opinion. Trump appointee Judge Kenneth K. Lee dissented, arguing the state law does not cover trans status. On March 12, 2026, the full court denied en banc rehearing. Judge Lawrence VanDyke, another Trump appointee, issued a scathing dissent using “swinging dicks” to describe the reality female clients face. He defended the language as necessary to convey the case’s shocking impact on women’s privacy and religious freedoms.
Ninth Circuit Judges Engage in a Public Spat Over ‘Swinging’ Body Partshttps://t.co/fvtkroVoG0
— PJ Media (@PJMedia_com) March 18, 2026
Judicial Reprimand Exposes Ideological Divide
Judge McKeown, joined by 27-28 colleagues out of 51 total judges, issued a statement condemning VanDyke’s dissent as “vulgar barroom talk” that undermines court dignity and public trust. They declared, “We are better than this.” Four other Trump appointees separately dissented from the rehearing denial. The exchange highlights deepening rifts in the ideologically divided Ninth Circuit, the largest U.S. appeals court. VanDyke’s history includes bold stands, like a video dissent on Second Amendment rights and barring trans women from beauty pageants.
Implications for Conservative Values and Next Steps
The ruling forces the spa to comply or face penalties, burdening owners’ religious practices and clients’ privacy expectations. It amplifies tensions between trans inclusion mandates and single-sex spaces, challenging women-only facilities nationwide. Spa owners plan a U.S. Supreme Court petition, offering hope to reverse government overreach eroding family values and individual liberties. Short-term, the spat erodes court collegiality; long-term, it tests boundaries on judicial candor amid culture wars. Conservatives praise VanDyke’s candor in spotlighting woke policies harming women and girls.
Sources:
Trump-appointed judge’s dissent called ‘vulgar’ in trans rights case (Los Angeles Times)
Olympus Spa announces SCOTUS intent (Lynnwood Times)
Judge Lawrence VanDyke’s Olympus Spa dissent analysis (David Lat Substack)
Judge VanDyke dissent on swinging dicks (Reason/Volokh)
Judge blasts colleagues for allowing naked men in women-only spa (Christian Post)
Ninth Circuit Court Opinion PDF
From ‘Fuck the Draft’ to ‘Swinging Dicks’ (Justia Verdict)
