A federal judge appointed by Bill Clinton has indicated her willingness to force an all-nude women’s spa corporation to let men in the door, into the changing rooms and more.
It is Margaret McKeown, a member of the 9th U.S. Circuit Court of Appeals, who identified “non-biological women” as victims of the company’s “discrimination.”
Of course, according to science, men and men and women are women, as being male or female is embedded in the human body down to the DNA level. While individuals can feel like they are the opposite sex, they cannot change, raising questions about McKeown’s definition of “non-biological women.”
Judge Margaret McKeown, appointed by Bill Clinton, pushed back on Snider and argued a business cannot discriminate based on gender identity.
“It’s not biological women are welcome, it’s non-biological women are not welcome,” she said. pic.twitter.com/FbMHRrcqKI
— Katie Daviscourt (@KatieDaviscourt) November 18, 2024
A report by the Post Millennial explains McKeown compared the spa’s policy to “whites-only” laws before the civil rights movement across America.
She said, during a hearing on the dispute, “If you have a law that says, ‘white applicants only,’ this is ‘biological women entrance only.’ It seems to me they’re quite parallel there. And you can’t have ‘white people only’ come into my restaurant, and then you say, ‘Well, no, we have a religious, spiritual nature to our restaurant, and when you get there, we serve you special food.’ This seems quite different.”
The case is Olympus Spa v. Armstrong in which the corporation, Olympus Spa, sued after state regulators claimed it was exhibiting discrimination against “non-biological women.”
That claim was affirmed by a state judge in 2022 because it refused membership to a man.
The report explained, “The Olympus Spa follows the Korean tradition of jjimjilbang, or sex-segregated bathhouses, and requires its all-female customers to be nude.”
Its lawyer said the First Amendment renders protection of cultures, thus the spa should be allowed to keep its female-only tradition. The lawyer warned because of its all-nude policy, minor girls and women would be subjected to a man invading their intimate female-only spaces.
McKeown claimed, “It’s not really ‘biological women are welcome.’ It means non-biological women are not welcome.’ I mean, that’s the reality.”
The fight erupted when a man, Haven Wilvich, sued the spa in 2020 for being refused entry because he is, in fact, a man.
A decision in the case is expected soon.
