Attorneys for the pageant argued the program was designed to celebrate and promote “natural born women” by sending a message of “biological female empowerment.”
Green sued, contending the organization was violating a state law that makes it illegal to deny public accommodations to people based on their sex or gender identity.
“As with theater, cinema, or the Super Bowl halftime show, beauty pageants combine speech with live performances such as music and dancing to express a message,” Judge Lawrence VanDyke wrote for the majority. “And while the content of that message varies from pageant to pageant, it is commonly understood that beauty pageants are generally designed to express the ‘ideal vision of American womanhood.
Professor Khiara Bridges went viral this week after her exchange with Sen. Josh Hawley during a hearing on abortion rights. She called out the Missouri senator for transphobia after he questioned Bridges' use of the term "people with a capacity for pregnancy." That term is more inclusive of trans and nonbinary people who are capable of getting pregnant, explains Leslie McMurray, transgender education and advocacy associate at the Resource Center in Dallas, Texas.
John Kaempf, the attorney representing the pageant organization and its owner, Tanice Smith, said the 9th Circuit's dismissal was a matter of “simple fairness.”
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