District Judge Makes a Monumental Decision in the Miss USA Transgender Lawsuit

(JoJo Whilden/FX via AP)

Is your dream to make the Miss USA beauty pageant?

If there’s a Y in your chromosomal makeup, a court is not on your side — beautiful though you may be.


On Thursday, a federal judge threw out a suit by a biological man identifying as a woman who claimed Miss United States of America is discriminatory.

Contestant Anita Noelle Green’s application was rejected, all entry fees refunded.

The reason, per the pageant’s motion to dismiss: It only lets “natural born biological females” into the contest.

Anita wasn’t havin’ it, hence the December ’19 filing.

The Daily Caller reports:

The pageant argued that under the First Amendment it has rights to free association. The pageant argued that the pageant is meant for biological women and that allowing Green to participate would “undermine its vision” and that had the court ruled in favor of Green it would be undermining the pageants “message about empowering only biological women.”

More from the motion:

As the caption of the Complaint shows, defendant and its pageant are called “Miss” United States of America. That simple, undisputed fact, and the First Amendment rights of free association and expression…dictates the dismissal of this case.

The pageant indicated it “promotes, celebrates, and encourages biological, natural born women by performing pageants across the country that give women confidence-building opportunities.”

Miss USA contended it’s on the side of equality:


To achieve its mission and to promote its message of biological female empowerment, Defendant has eligibility rules for contestants…These rules are essential to create an equal playing field for all female contestants and to promote Defendant’s message of what it means to be a woman– a biological female.

Based on First Amendment principles, U.S. District Judge Michael Mosman agreed with the defendant.

The Oregonian quoted Michael at the bench:

“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.”

Pageant attorney John T. Kaempf also called to 1A:

“This is a great victory for supporters of the First Amendment. My client has nothing against the LGBTQ community. But the federal court’s decision upholds the important First Amendment right not to have others force you to present a message you do not support. My client believes that only biological, naturally born females are women. Others have the right to hold a different view.”

“True diversity, and freedom of speech,” he asserted, “means different viewpoints are acceptable. Plaintiff tried to use the shield of anti-discrimination laws as a sword to attack my client for believing something different than plaintiff. The First Amendment does not allow this.”


One notable critic of the verdict: Anita Noelle Green.

Anita’s a pageant vet — the plaintiff’s pounded the planks for Miss Universe and Miss Montana.

In the case of the latter, it was the first time a transgender entrant had taken the stage.

Other pageants aren’t as far behind the times. Miss Universe 2018 saw champion Angela Ponce make the cut:

Back to the lawsuit, in 2019, Anita told Willamette Week the diss was disheartening. It was as if Miss USA was saying the applicant wasn’t enough of a woman:

“I felt as though I was being invalidated. I felt as though the organization was saying I am not a woman and I’m not woman enough. … This is about justice and it’s about righting a wrong. No matter what anyone thinks about pageants, trans women should have the choice to compete just like anyone else.”

According to Anita, as we cruise into the future, Miss USA’s missin’ the boat:

“I believe Miss United States of America is on the wrong side of history for choosing to actively discriminate against transgender people, but the road to creating meaningful change has always been a long and bumpy one.”

Green said it’s black and white:

“Transgender women are women. My message has always been consistent and my message is this: Every person has beauty.”


The topic’s growing hotter by the day — just this week, we’ve seen the Equality Act pass in the House and a potato without a french fry go nonbinary:

I suspect more such lawsuits are on the way.

Stay tuned.



See more pieces from me:

The CDC Changes Its Focus, and It Ain’t to Research: Inequity, You’re About to Get a Shot in the Arm

Courageous Cookie: Oreo Dips Itself Into the Equality Act, Tells America ‘Trans People Exist’

LinkedIn Removes ‘Be Less White’ Lesson From Its Site, Coke Claims the Class Wasn’t Required

Find all my RedState work here.

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