By Pete Baklinski
The United States of America ‘Miss’ beauty competition is allowed to ban males who identify as female from competing with “natural born” females, a federal judge in Oregon ruled from the bench last week.
U.S. District Judge Michael W. Mosman ruled that United States of American Pageants — which runs this particular pageant — cannot be required to allow biological men who identify as women to participate on account of its mission to promote “natural-born” females. He backed the Pageant’s motion to dismiss the case.
“Because I viewed it as an organization that does promote a message and seeks to maintain control of that message, I view it as an association that cannot under the Constitution be required to allow plaintiff to participate in what defendant says is a contradiction of that message,” Mosman ruled, reported The Oregonian.
A biological male who goes by the name of Anita Noelle Green sued Miss United States of America pageant in 2019 on grounds of discrimination after Green was rejected on account of rules that only allow “natural born” women to compete.
The pageants eligibility requirements state clearly on the website that participants in the United States of America’s Miss competition must be, among other things, a “natural born female.”
Green’s suit stated that the “policy, intentionally designed to exclude the specific class to which plaintiff belongs — transgender females — is discriminatory because it denied plaintiff the full and equal advantages and privileges of defendant’s services in violation of Oregon’s public accommodations law.”
The Pageant argued for its right to deny access to “non-biological females” in order to further its mission that is geared toward “natural born women,” pointing out that to include a natural born man would “undermine its vision” and mar its “message of biological female empowerment.”
The Pageant’s lawyer John T. Kaempf praised the ruling.
“My client is not anti-transgender but it just wants to be able to hold a pageant that is only for biological females,” said Kaempf. “Contrary to what people might think, my client, the pageant, is a supporter of diversity. It believes there can be a Miss Black USA pageant, a Miss Native American pageant or a transgender pageant.”
United States of America Pageants states that its competitions are “designed to encourage women to strive to achieve their hopes, dreams, goals, and aspirations, while making them feel confident and beautiful inside and out!”
“We believe the true definition of beauty is ‘the unique set of combinations that make you, you.’”
“Our motto is to empower women, inspire others, & uplift everyone. We focus on women empowerment, promoting positive self-image and advocating a platform of community service, which allows our contestants to rise by lifting others. But more importantly we are an elite sisterhood that gives support and encouragement to inspire each delegate to be the best version of herself,” the website states.
Green is evaluating whether or not to appeal the ruling, reported Courthouse News Service.