Federal court rules female-only beauty pageant doesn’t discriminate against transgender contestants

A federal appeals court on Wednesday ruled a female-only beauty pageant is allowed to exclude transgender contestants.

In a 2-1 ruling from the 9th U.S. Circuit Court of Appeals, Judge Lawrence VanDyke, a Trump appointee, said the Miss United States of America pageant that celebrates women is allowed under the First Amendment’s protection of speech not to allow men who identify as females to compete. 

“As with theater, cinema or the Super Bowl halftime show, beauty pageants combine speech with live performances such as music and dancing to express a message. And while the content of that message varies from pageant to pageant, it is commonly understood that beauty pageants are generally designed to express the ‘ideal vision of American womanhood,’ the opinion read.

Judge Susan Graber, a Clinton appointee, disagreed with the majority, arguing the court should not have weighed the constitutionality of the dispute since a state anti-discrimination law was at issue.

The case was brought by Anita Green, who was born male but underwent hormone therapy and plastic surgery to become a woman. 

Ms. Green entered various beauty pageants but when she was unable to participate in the Miss United States of America competition in Oregon, she sued, saying the policy to allow only natural-born women to enter the competition ran afoul of the state’s public accommodation law. 

The pageant was represented in its legal fight by the Alliance Defending Freedom, a conservative legal group.


“Ignoring the biological reality that men and women are different harms women and their opportunities to compete, excel, and win — from female athletes sidelined in their own sports to women competing in beauty pageants on the national stage,” said Christiana Kiefer, senior counsel for ADF. 

“Forcing the pageant to include a male would change the message of what it means to be a woman — similar to how changing the casting choices in the ‘Hamilton’ production would alter its message. We’re pleased the 9th Circuit recognized United States of America Pageants’ free-speech right to give women the chance to perform in beauty pageants designed to promote women.”

A lawyer for Ms. Green did not immediately respond to a request for comment.