Judges uphold Miss USA pageant’s right to ban trans entrant and enforce ‘natural born’ rule

A US beauty pageant cannot be forced to allowed transgender women to compete, an appeals court has ruled.

Transgender activist Anita Green filed a lawsuit against Miss United States of America LLC, claiming its policy of only allowing 'natural born' women to take part violated anti-discrimination laws.

Instagram/anitanoellegreen

However, the San Francisco-based 9th US Circuit Court of Appeals ruled in a 2-1 decision on Wednesday (2 November) that forcing the organisers to allow transgender women to compete would violate its free speech rights under the US Constitution and impede its ability to express 'the ideal vision of American womanhood'.

The ruling affirmed a 2021 decision by a federal judge dismissing Green's lawsuit.

According to Reuters, Circuit Judge Lawrence VanDyke - an appointee of former President Donald Trump - wrote: "It is commonly understood that beauty pageants are generally designed to express the 'ideal vision of American womanhood'."

It comes after a Thai business tycoon and transgender activist Chakrapong 'Anne' Chakrajutathib bought the Miss Universe Organisation for $20 million (£17.2 million).

Chakrapong - who controls JKN Global Group Public Company Ltd - is a transgender celebrity in Thailand, known for starring in reality TV shows.

In a statement, Chakrapong described the acquisition of the pageant, which is broadcast in 165 countries, as 'a strong, strategic addition to our portfolio'.

"It's a universal platform… I can become the aspiration for so many people, in particular women, LGBTQ, so they can transform," she added.

JKN acquired the rights to the Miss Universe pageant from IMG Worldwide LLC - a sports, talent and events marketing company.

Prior to IMG's purchase in 2015, former US president Donald Trump was part-owner of the pageant rights from 1996.

JKN said it has established a subsidiary in the United States, JKN Metaverse Inc, to own the Miss Universe Organisation.

REUTERS / Alamy Stock Photo

JKN - which is involved in content distribution, beverages, food supplements, beauty and consumer products - said the Miss Universe name will be used to promote its consumer products.

A profile of Chakrapong in the Bangkok Post newspaper earlier this year said that in her youth she studied at an all-male school where she was harassed for being trans.

After attaining financial success, she spent 40 million baht (£900,000) on sex reassignment surgery and other procedures, it said.

While Thailand enjoys a positive international reputation when it comes to the rights and lifestyles of LGBTQ communities, the absence of a procedure for transgender people to change their legal gender, coupled with insufficient legal protections and social stigma, limits transgender people's access to services and exposes them to daily indignities, New York-based Human Rights Watch said in a report last year.