I’m unaware of this issue being litigated in the United States, but here’s an interesting case, as reported in The Asahi Shimbun:
HAMAMATSU–A transgender woman has won a lawsuit against the operators of a golf course who denied her membership after she changed her registered sex from male to female.
The Shizuoka District Court’s Hamamatsu branch on Sept. 8 ordered the golf course operators to pay 1.1 million yen ($10,380) in damages. The plaintiff, a 59-year-old company owner in Shizuoka Prefecture, had demanded 5.85 million yen in compensation.
Presiding Judge Kenjiro Furuya ruled that it was unlawful to reject membership on the grounds of a sex change and acknowledged the action caused mental suffering to the plaintiff.
“The act denied the very basis of the plaintiff’s personality, although she has established her sexual identity both physically and socially,” Furuya said.
He concluded the operators’ action was “illegal as it went beyond socially acceptable limits.”
People are born with their gender identity, so the rejection of the membership runs counter to the spirit of Article 14 of the Constitution that guarantees legal equality for all, the judge added.
The golf course operators defended their move, arguing that club members may feel uncomfortable and confused about sharing a bathroom and changing room with the woman.
Lawyers for the defendants said the operators “decided to refuse her membership without malice but out of concern for the potential negative effects on their business after hearing the opinions of club members.”
They added that they will decide on whether to appeal after thoroughly reading the content of the ruling.