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Miss USA Pageant Can Exclude Transgender Contestants, US Court Rules

CC BY 2.0 / Bill Oxford / Gavel on black background
Gavel on black background - Sputnik International, 1920, 03.11.2022
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WASHINGTON (Sputnik) - The Miss United States of America beauty pageant cannot be forced to allow transgender women to compete because doing so would interfere with its ability to express "the ideal vision of American womanhood," a US appeals court ruled on Wednesday.
In a 2-1 decision, the San Francisco-based 9th US Circuit Court of Appeals rejected a lawsuit by transgender activist Anita Green claiming that Miss USA's policy of only allowing "natural born" women to compete violates an Oregon anti-discrimination law.
Green, a transgender activist from Oregon, sued Miss USA in federal court in Portland last year after her application to participate in the pageant was rejected.
The 9th Circuit argued that applying the Oregon law to the company would violate the pageant's free speech rights under the United States Constitution, and ruled in favor of Miss USA's ability to freely express their views on the concept of "womanhood" even if that view does not apply to persons in the transgender community.
"It is commonly understood that beauty pageants are generally designed to express the 'ideal vision of American womanhood,'" wrote Circuit Judge Lawrence VanDyke, an appointee of former President Donald Trump who was joined by Circuit Judge Carlos Bea, an appointee of former President George W. Bush in affirming the 2021 decision by federal judge to dismiss Green's lawsuit.
Circuit Judge Susan Graver said in a dissenting opinion that the court should have first decided whether the Oregon law even applies to Miss USA before addressing it as a constitutional issue.
On Wednesday it was also announced that Anne Jakkaphong, a Thai media tycoon, transgender woman and activist, bought the Miss Universe Organization---not to be confused with Miss USA---for $20 million. Jakrajutatip is the CEO of JKN Global Group which announced plans to grow the Miss Universe business across Asia with skin care, cosmetics, and lifestyle products carrying the Miss Universe brand.
“We seek not only to continue its legacy of providing a platform to passionate individuals from diverse backgrounds, cultures, and traditions, but also to evolve the brand for the next generation,” Jakrajutatip said. Her company added that their "progressive approach" continues to push them towards the "forefront" of their industry.
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