The Miss United States of America pageant can prevent trans women from participating in the competition, a federal court ruled this week. The ruling by the U.S. Court of Appeals for the Ninth District came in response to a lawsuit brought by Miss Oregon-hopeful and openly transgender woman Anita Green.
She sued the Miss USA organization after she was not allowed to participate in the Miss Oregon beauty pageant, even though the pageant itself asked her to take part in the contest. She initially sued Miss USA in 2019, but the U.S. District Court for the District of Oregon dismissed the case, leading her to pursue an appeal. Green brought the lawsuit on the grounds that the pageant's rule to only allow "natural born female" contestants, was in violation of the Oregon Public Accommodations Act (OPAA), which advocates for equal rights for every person regardless of belief, background, or identity. Miss USA did not disagree that it must abide by OPAA, but it argued that it is within its First Amendment rights to reject a particular contestant.
The appellate court Wednesday released its 106-page opinion. It agreed with Miss USA's lawyers that the First Amendment protected the organization's "expressive association rights to exclude a person who would impact the group's ability to express its views."
Appeals Court Rules Miss USA Pageant Can Exclude Trans Contestants
- Jamaal Starks
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