Summary
United States of America Pageants is an independent, national pageant that provides women with development, public-speaking, networking, and confidence-building opportunities. But a male who identifies as a female sued USOA Pageants after learning that the pageant allows only women to compete – even though pageant officials offered to look for other pageants that allow males.
USOA Pageants was represented by John Kaempf at the U.S. District Court for the District of Oregon. ADF filed a Notice of Appearance on May 28th, 2021 with the U.S. Court of Appeals for the Ninth Circuit.
Case timeline
- December 2018: The plaintiff learned about USOA Pageant’s “natural born female” rule and Smith offered to help the plaintiff find an alternative pageant.
- January 2019: USOA Pageants denied the plaintiff’s application to participate in the pageant.
- December 2019: The plaintiff filed the complaint.
- June 2020: USOA Pageants filed a motion to dismiss the lawsuit.
- April 2021: The district court affirmed USOA Pageants’ First Amendment right to promote its concept of womanhood and abide by its “natural born female” rule.
- March 2021: The plaintiff appealed the decision to the 9th Circuit.
- May 2021: ADF filed a notice of appearance with the 9th Circuit to represent USOA Pageants.
- March 2022: ADF attorneys presented oral arguments before the 9th Circuit.
- November 2022: The 9th Circuit ruled in favor of USOA Pageants on free speech grounds, protecting its ability to speak messages consistent with the organization’s principles.
- March 2023: The 9th Circuit denied en banc review, cementing its ruling in favor of USOA Pageants.
