U.S. District Judge Michael Mosman ruled the "Miss United States of America" pageant does not have to include non-biological women in its competition, citing the First Amendment of the U.S. Constitution.
"Because I viewed it as an organization that does promote a message and seeks to maintain control of that message, I view it as an association that cannot under the Constitution be required to allow plaintiff to participate in what the defendant says is a contradiction of that message."
Mosman's ruling was in response to a lawsuit by a biological male named Anita Noelle Green, who sued after his application to the 2019 Miss USoA pageant was rejected. Green's lawsuit argued the pageant is "intentionally designed to exclude the specific class to which the plaintiff belongs – transgender females."
"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.
"Transgender women are women. My message has always been consistent and my message is this: Every person has beauty."
Miss USoA's attorney, John T. Kaempf said the pageant is not "anti-transgender."
"Contrary to what people might think, my client, the pageant, is a supporter of diversity," Kaempf said. "It believes there can be a Miss Black USA pageant, a Miss Native American pageant or a transgender pageant."