Court: Miss United States of America Has First Amendment Right to Keep Women-Only Requirement

That we have to go to court to litigate the issue of allowing men to compete on women’s sports teams and in beauty pageants is one more mark of the decline of our culture. How did we get here, and where will we end up?

A man calling himself Anita Green wanted to enter the Miss United States of America pageant in Oregon. The organizers told him no: the pageant is for women only.

Naturally, the man filed a lawsuit claiming his right to compete against women because he’s pretending to be a woman. In dismissing his lawsuit, a federal court contended that the pageant’s decision was a free speech issue.

On appeal, the U.S. Appeals Court for the Ninth Circuit agreed. The pageant’s women-only requirement fell under the First Amendment’s free speech protection.

For now, at least one court has ruled on the side of common sense. From Liberty Counsel:

The Ninth Circuit wrote, “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. Given a pageant’s competitive and performative structure, it is clear that who competes and succeeds in a pageant is how the pageant speaks.”

“As with theater [and] cinema, … beauty pageants combine speech with live performances such as music and dancing to express a message.” The court further explained that “allowing for the inclusion of even a single non-biological female as a ‘woman’ would certainly be an expressive decision revising the Pageant’s definition” of what it means to be a woman.”

The Ninth Circuit got to the heart of the issue: “Miss United States of America’s stated message is to ‘encourage women to strive to ACHIEVE their hopes, dreams, goals, and aspirations,’ and to ‘EMPOWER Women, INSPIRE others, & UPLIFT everyone!'” How would the pageant achieve these aims for women if it allows men to compete?

The free-speech path the court’s decision is a signal for future trials.

By Blogger45 – Own work, CC BY-SA 3.0, link

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One comment

  1. Well, well, well. A court finally got it right. Kudos to clear headed decision in this case. Now move on to women sports and clear the field of the nutjobs males who think they are females cuz they can’t win in men’s sports.
    Pull your big boy panties up and go play the games with the males. If ya dare.
    Just sayin’.

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