Miss America Pageant Updates Its Definition of Female

The Miss America Organization has updated its contract language to clarify its definition of what constitutes a woman.

The move comes after the organization had previously defined "female" in a manner that critics claimed would allow biological males in the contest, as long as they had undergone genital surgery. That definition led to a conflict for a Miss Florida winner named Kayleigh Bush because she disagreed with the language in the contract. 

Bush had been crowned as the Miss North Florida 2025 pageant winner in August 2024, but then she objected to the definition of "female" presented in the updated Miss America contract, saying she disagreed with it based on her religious beliefs.

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According to the non-profit legal group Liberty Counsel, the Miss America Organization (MAO) revised the contract language after Bush won the title. The faith-based legal group sent two demand letters to MAO, contending that it needs to provide Bush with her scholarship, which was one of the benefits of being crowned Miss North Florida.

Then, Florida AG James Uthmeier also sent a letter to the Miss America Pageant, cautioning that it may be violating the state's deceptive advertising law for promoting a female-only competition while allowing gender-confused biological males to compete.

"To advance in competition, Miss North Florida 2025, Kayleigh Bush, was told to sign a contract that forced her to compete against men. She refused. 'Miss' America and 'Miss' Florida advertise as women-only competitions, which is misleading and may violate FL law. This is wrong!" Uthmeier posted.

This year, the law office for the Miss America Organization updated its definition of "biological woman" as a person having "two x chromosomes."

The original contract language Bush refused to sign stated: 

     "2.3.5.1. Sex. The Applicant must be a Female. 'Female' means a born female or an individual who has fully completed Sex Reassignment Surgery via Vaginoplasty (from male to female) with supporting medical documentation and records."

Liberty Counsel reports the new language states:

     "2.3.5.1. Sex. The applicant must be a naturally born Female. 'Female' means a born female or born an intersex female individual (defined as one born with two x chromosomes with nonconforming genitalia) who has fully completed Sex Reassignment Surgery via Vaginoplasty with supporting medical documentation and records."

While the new language cites the very rare circumstance of ambiguous genitalia (cited here at 0.018% of births), Liberty Counsel contends the definition is acceptable and no longer suggests that males can become females.

Mallory Hudson, communications manager for Miss America HQ, confirmed the change to the Washington Times, saying, “The current eligibility policy as to gender was formally updated in the second half of 2024 and was revised again in 2026 to ensure consistency, transparency, and respect for all individuals who meet the qualifications to compete."

Stuart Moskovitz, attorney for Miss America, objects to Kayleigh Bush's characterization of her situation, saying she alone is responsible because she did not accept the organization's contract.

Mr. Moskovitz tells CBN News that Bush had not been denied her title and scholarship. "Ms. Bush did not forfeit her crown or her scholarship opportunity. She chose instead to self-promote with a fabricated issue rather than actually sign a contract and compete," he wrote in a letter to CBN News.

He also provided a letter he sent to Liberty Counsel in which he stated, "To be clear, Kayleigh Bush did not fulfill the necessary requirements to advance within the competition. She lacked any contractual relationship with Miss America, and her failure to execute the standard agreement, despite full knowledge of its necessity, renders her ineligible to proceed."

Mr. Moskovitz also accuses Liberty Counsel and the Florida Attorney General of making false statements.

In an earlier press release, Liberty Counsel Founder and Chairman Mat Staver praised the decision by the pageant to revise its requirements for female contestants: "We are pleased that Miss America has finally come to its senses and revised its contract to remove the ridiculous statement that a boy can be a girl. A boy cannot be a girl. Miss America now knows what a woman is—a common sense understanding that Kayleigh Bush knew instinctually. Miss America should now reinstate the benefits of Bush's crown, including the scholarship that she rightfully deserves."

But Moskovitz disagrees that the Miss America Pageant's definition was altered in the manner that Staver contends. "To be clear, we have not altered our policy as the result of Kayleigh Bush's claims. We have merely clarified the language so there can be no doubt as to the intent of the provision. Both the original language and the clarification were designed to prevent men from participating in the competition," Moskovitz stated in a letter to AG Uthmeier.

CORRECTION: CBN News previously reported that Bush had been denied her title and scholarship.