The Court will not rehear Green v. Miss United States of America, protecting the First Amendment right to define women as female.
On Tuesday, March 14th, the United States Court of Appeals for the Ninth Circuit voted against rehearing the case of Green v. Miss United States of America (MUSA). This vote upheld last year’s decision to protect the pageant on First Amendment grounds from being compelled to admit males as “natural born females.”
WoLF submitted an amicus brief in this case in October of 2021 arguing in defense of free speech for women and against “gender identity” claims. In November of last year, the court ruled in favor of the pageant, dismissing the case on constitutional grounds consistent with WoLF’s arguments. The court even cites and quotes our brief in the decision’s concurring opinion.
While WoLF wouldn’t typically go out of our way to defend beauty pageants, the case of Green v. Miss United States of America brought radical feminists into the fray when the very right to single-sex spaces was challenged by trans-identified man Anita Green.
According to Green, women are not a historically marginalized group, and there is no difference between himself and any “cisgender female contestants.”
The district court rightfully dismissed Green’s case, and he appealed to the Ninth Circuit. WoLF submitted an amicus brief to the court, arguing the importance of free speech for women and their right to have female-only spaces and activities. Last year, the Ninth Circuit upheld the lower court’s dismissal of Green’s case, ruling in favor of the pageant.
With other important cases such as Chandler v. CDCR still ongoing in the Ninth Circuit, we are optimistic that Green v. MUSA will provide useful legal precedent to support our First Amendment claims.