The argument of First Amendment rights holds up in court for Miss United States of America LLC. The San Francisco-based 9th U.S. Circuit Court of Appeals ruled that the beauty pageant company can legally exclude contestants that are not “natural born” females under their First Amendment Rights.
If you’re a fan of the long-living pageant or have been following this story, you know, like many organizations, a push for inclusion forced the pageant into a courtroom.
In 2019, applicant Anita Green filed a lawsuit against the organization after being told she could not compete in Miss United States of America because she was not considered a “natural born female.” Green, who is a transgender woman, has competed in Miss Montana USA, Miss Earth, and Ms. World Universal. Green argued that the organization’s decision was in violation of the anti-discrimination law in Oregon. Green was living in Oregon, preparing to compete in the Miss United States of America Miss Oregon pageant. Oregon’s state law makes it illegal to deny public accommodations to people based on their sex or gender identity. Attorneys for the pageant argued the pageant was built around celebrating “natural born women” through the message of “biological female empowerment.”
Wednesday, judges sided with Miss United States of America. The judge said, ” Miss United States of America expresses its message in part through whom it chooses as its contestants, and the First Amendment affords it the right to do so.”
Miss United States of America is not the same as Miss USA or Miss America.

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