
A federal judge described a manâs bid to gain entry to a women-only nude spa as a case about âswinging dicksâ in his Thursday dissent.
Ninth Circuit Judge Lawrence VanDyke, a Trump appointee, chided his colleagues for being more disturbed by his word choice than their own decision to force a Christian-owned, traditional Korean spa to welcome a man under Washingtonâs anti-discrimination law.
âYou may think that swinging dicks shouldnât appear in a judicial opinion,â VanDyke wrote. âYouâre not wrong. But as much as you might understandably be shocked and displeased to merely encounter that phrase in this opinion, I hope we all can agree that it is far more jarring for the unsuspecting and exposed women at Olympus Spaâ some as young as thirteenâto be visually assaulted by the real thing.â
In 2020, a man filed a complaint with Washingtonâs Human Rights Commission after Olympus Spa declined to offer him services due to a policy that âtransgender women without surgery are not welcome because it could make other customers and staff uncomfortable.â
The Ninth Circuit upheld a decision finding the spa cannot refuse service to clients with male genitalia under the stateâs anti-discrimination law, noting the statute does not âimpermissibly burden the Spaâs First Amendment rights to free speech, free exercise, or free association.â
VanDyke accused the âwoke judgesâ on the court of âselective outrageâ over his language, explaining, ââdignified and civilâ words are employed to mask a legal abomination.â
âOr, to put it in vernacular perhaps more palatable to my colleaguesâ Victorian sensibilities: âIn law, what plea so tainted and corrupt, / But, being seasoned with a gracious voice, / Obscures the show of evil?â VanDyke wrote, citing Shakespeare.
âThe panel majority uses slick legal arguments and deflection to studiously avoid eye contact with the actual and horrific consequences of its erroneous opinion,â he wrote. âThe âordinary Americansâ affected by the majorityâs opinion donât have that luxury. Squirm as we might, I think itâs only fair for our court to have a small taste of its own medicine.â
In March 2025, some of Van Dykeâs colleagues also bristled when he published a video dissent to demonstrate their position in a Second Amendment case was âfactual fantasy.â Using personal shooting equipment, VanDyke recorded himself giving a firearms demo in his chambers, explaining that âeven a caveman with just a video recorder and a firearmâ could show the majorityâs error.
VanDyke was among 20 potential Supreme Court nominees President Donald Trump included in a September 2020 list.
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