Sean Morgan covers a ruling that has ignited a firestorm of controversy—and a judicial dissent that will be quoted for decades.
The case is simple on its face: a traditional Korean spa in California, where women and girls use communal nude bathing areas, attempted to restrict entry to biological males. Several individuals identifying as women challenged the policy under California civil rights law. The Ninth Circuit ruled against the spa, forcing them to allow biological males into female-only nude spaces.
But the decision is notable not just for its outcome, but for the dissent.
Judge Lawrence VanDyke opened with a line that shocked the legal world: “This is a case about swinging dicks.” He described the Christian owners’ “understandable” rejection of male genitalia in their women-only space, and the female staff and patrons who feel the same—yet are now forced by law to accept it.
VanDyke accused regulators and complicit judges of ignoring the real-world consequences on unsuspecting women and young girls, calling it a “collective loss of sanity.”
This case is far from over. Legal analysts expect it to reach the Supreme Court, where the constitutional questions around privacy, sex-segregated spaces, and gender identity law will finally be settled.
The phrase shocks in a judicial opinion. But far worse is the real-world impact.
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