Anita Green, who is transgender, has competed in several pageants including Miss Montana USA, Miss Earth and Ms. World Universal.
was designed to celebrate and promote "natural born women," by sending a message of "biological female empowerment." The pageant has several requirements for contestants, including some based on contestants' age, marital status and gender identity.
The appellate court agreed with a lower court's finding that someone viewing the pageant's decision to exclude transgender women would likely understand that the pageant organizers did not believe transgender women qualified as female. 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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