“The panel affirmed the district court’s dismissal of a complaint brought by two Korean spas (collectively “the Spa”) alleging First Amendment violations when Washington’s Human Rights Commission (“HRC”) initiated an enforcement action pursuant to the Washington Law Against Discrimination (“WLAD”) against the Spa for its policy of granting entry to only biological women and excluding, in addition to men, preoperative transgender women who have not yet received gender confirmation surgery affecting their genitalia.”
Translation: the crazy-woke state had a law calling it discrimination for an all-female spa to reject the membership of a guy who still had all of his naughty bits but had decided one morning that his pronouns were now “she” and “her.” So the spa was obligated to let “her” parade naked among the biological women.
I was going to make this an ethics quiz about civility, but mid-way through I decided that I am pretty certain that there was nothing wrong with Judge VanDyke’s verbiage. The rebuke of his colleagues shows the unacceptable partisan bias in the judiciary, as well as their indignation when a judge’s determination to call a spade a spade focuses public attention on an absurd law, an absurd decision, and and an absurd social delusion.
Language is supposed to communicate. VanDyke’s bold language accomplished exactly what he wanted it to accomplish: forcing public recognition that pro-trans cant is infecting laws, forcing women to be exposed to male genitalia, aka. “dicks.” Would “penises” have been more courtly? “Dongs”? The idea is not to be delicate, but to make readers focus on the issue. And the issue is that Washington thinks women should be forced to look at swinging dicks in their private spaces. Brilliant.
Moreover, the use of “dick” as a slang word for the male sex organ is really old by now, and the term commonly used in films, TV, plays and essays. During the Nixon years, using “dick” as a double entendre to denigrate Tricky was so common it became a cliché. If it was a non-shocking cliché in the Seventies, how could the word “undermine trust” in the judiciary in 2026?
I think the majority decision undermines trust in the judiciary.
Ethics Alarms 
“[The spa’s] policy of granting entry to only biological women and excluding, in addition to men, preoperative transgender women who have not yet received gender confirmation surgery affecting their genitalia.”
In other words, “guys who haven’t yet had their dicks and nuts chopped off.” I’m offended such people are blithely described by the good and nice and judicious judges as preoperative transgender women who have not yet received gender confirmation surgery affecting their genitalia. Jeeze, even when animals are castrated (and when young boys were castrated to preserve their juvenile voices), the operations simply cut out their nuts. They don’t chop off their dicks as well. Ouch! Talk about violent language.
By the way, “swinging dick(s)” is my favorite term for (among other over-testosteroned types) swashbuckling litigators who rule their courtrooms and the lawyers who work for them. I called a well-known big deal Phoenix litigator a swinging dick when talking to my chiropractor who worked on said swinging dick. My chiropractor had never heard the term and just about fell down laughing.
“…my chiropractor who worked on said swinging dick.” So said swinging dick was properly aligned?
His neck was the problem…
A phrase that came down to me is as follows, handed down to me second hand, without my ever meeting the person who was fond of using used it–he had moved to a different position.
It was usually used to begin an observation about some state of affairs in the kitchen and boarding house, and how his wife didn’t appreciate his wisdom and insights:
(say it slowly, five beats to the line…slowly with bemused resignation….)
“FIF-teen POUNDS of SWINGing COCK and BALLS…”
Thanks for letting me share!
charles w abbott
rochester NY
Another good phrase would be a stereotypical drill instructor yelling
“I want to see every swinging weenie out on the parade ground at O Five Hundred Hours”