Transgender person with male genitals sues female beauty pageant for refusing service

Yaniv v. Canada Galaxy Pageants

Transgender activist Jessica Yaniv (Photo credit: Reid Small)

Transgender person with male genitals sues female beauty pageant for refusing service

Yaniv v. Canada Galaxy Pageants

Transgender activist Jessica Yaniv (Photo credit: Reid Small)

Jonathan Yaniv was born a biological male but self-identifies as a female by the name Jessica Yaniv. More recently, Yaniv changed her name to “Jessica Simpson”. In May 2019, Yaniv applied to be a contestant in a Canada Galaxy Pageant – a Toronto-based beauty pageant for women and girls. She did not mention being transgender in her application, which was tentatively accepted. 

 

Pageant changes rules to permit transgender contestants if they are fully transitioned 

At the time, Canada Galaxy Pageants did not accept transgender contestants, but changed its policy days later after receiving multiple inquiries from transgender women wanting to compete. It permitted transgender women who had fully transitioned and no longer had male genitals. Contestants, including girls as young as six years old, change their clothing and undress in common areas. No males (including contestants’ fathers or male guardians) are permitted in those spaces to protect the privacy and comfort of contestants. Teens and older contestants were able to compete in a swimwear category. 

When the Pageant asked Yaniv if she had fully transitioned, she refused to answer the question. 

 

Yaniv files a human rights complaint 

Yaniv then filed a human rights complaint against the Pageant, alleging that the Pageant had violated the Ontario Humans Rights Code by discriminating against her on the basis of her gender identity, gender expression and sex. She is seeking damages in the amount of $10,000 for “injury to dignity and feelings” and is asking the Human Rights Tribunal of Ontario to rule that an organization cannot refuse service to someone just because that person has male genitals. 

 

Yaniv has previously filed complaints targeting small businesses 

Yaniv is no stranger to lodging human rights complaints. In October 2019, the BC Human Rights Tribunal dismissed Yaniv’s complaints against several Vancouver-area estheticians. The Tribunal found that “Yaniv’s predominant motive in filing her waxing complaints is not to prevent or remedy alleged discrimination, but to target small businesses for personal financial gain. In many of these complaints, she is also motivated to punish racialized and immigrant women based on her perception that certain ethnic groups, namely South Asian and Asian communities, are ‘taking over’ and advancing and agenda hostile to the interests of LGBTQ+ people.” 

A hearing date before the Human Rights Tribunal of Ontario has not been set. Galaxy’s Justice Centre-funded lawyer has also requested that this matter be dismissed without a full hearing on various grounds. The last correspondence from the Tribunal was received in January 2025. A hearing date is still pending. 

Lawyer says the beauty pageant already made reasonable accommodations 

“Biological women and girls must continue to have the freedom to associate with other biological women and girls in activities that serve their unique interests and needs as females,” stated lawyer Allison Pejovic. “Further, this beauty pageant has already made reasonable accommodations for fully transitioned transgender females without male genitals,” she added.  

“It is imperative that biological women and girls, and fully transitioned transgender females, have safe, secure, female-only places where they won’t have to worry about seeing male genitals, or about having individuals with male genitals looking at them. For reasons of safety and security, it is imperative that biological women and girls, and fully transitioned transgender females, have spaces where they can associate free from the presence of individuals with male genitals. This is particularly so in situations where women and girls are exposed or vulnerable,” noted Ms. Pejovic. 

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