A federal appeals court has ruled that an American beauty pageant in the state of Oregon should not allow transgender people to compete.
Forcing openly trans contestants to compete in the Miss United States pageant will lead to interfere with the message organization wants to send and violate First Amendment free speech rights, NPR reports.
The complaint was first filed by Anita Green, who said the contest rules violate Oregon anti-discrimination laws when he barred her from competing in 2019 because the pageant didn’t consider her to be “naturally born female,” according to the Associated Press.
Green claimed he violated a state law that makes it illegal to deny people public accommodations because of their sex or gender identity, the AP reported.
A summary of the decision by the US Court of Appeals, Ninth Circuit states that “it is generally accepted that beauty pageants are generally intended to express”the ideal vision of the American woman.”
It went on to say that the First Amendment “gives contestants the ability to voice that message and enforce their ‘born woman’ rule.”
According to the ruling, Judge Susan P. Graber dissented. She argued that the majority missed important steps when deciding whether the First Amendment applied, and should have first considered whether Oregon law applied to the case, which could have decided the lawsuit before the justices had to first consider the First Amendment.
Green changed after coming out as transgender at age 17, her lawsuit says. She began competing in women’s beauty pageants, including Miss Montana USA, Miss Earth in Oregon and Nevada, and Miss Universe Universe.
Last year, after a lower court ruled in favor of the pageant, Green said she was disappointed but would continue to speak out about transgender discrimination in the pageant and advocate for positive change, according to the AP.
“I believe that Miss United States of America is on the wrong side of history for choosing to actively discriminate against transgender people, but the road to meaningful change has always been long and bumpy,” she said at the time. “Transgender women are women. My message has always been consistent, and my message is this: everyone has beauty.”
The topic of transsexuals competing in beauty pageants has recently come to the fore after Thai media mogul and transgender rights activist Ann Jackaphong Jakrayutatip bought the Miss Universe organization for $20 million.
Her company, JKN Global Group PCL, will now hold an international beauty contestCNN reports.
Jakrayutatip is perhaps better known for her role in Thai versions of reality shows such as “Project Runway,” the publication reported.
The Miss Universe Organization lifted its ban on transgender contestants in 2012 after a Canadian contestant threatened legal action when she was told she would be disqualified because of her transgender status, the paper reported.
