In contrast, Clinton appointees Judges McKeown and Ronald Gould held that the state’s non-discrimination legislation “does not prohibit the Spa from expressing its religious beliefs.”
Judge Lee retorted that the spa’s admission criteria discriminates against people based on the existence of male genitalia rather than sexual orientation.
He added, “The spa’s entry policy focuses on whether an individual has male genitalia rather than sexual orientation.”
It is anticipated that the case will be appealed to the US Supreme Court.