A Canadian transgender activist filed a complaint with the Human Rights Tribunal of Ontario after a female-only beauty pageant barred them from participating because the activist still has male genitalia.
Self-identified female Jessica Yaniv, formerly known as Jonathan Yaniv, is demanding $10,000 in damages from Canada Galaxy Pageants for alleged “injury to dignity and feelings,” according to a press release from the Justice Centre for Constitutional Freedoms, which is representing the pageant.
Canadian trans activist Jessica Yaniv is suing a women’s beauty pageant company for not allowing her to compete. https://t.co/cIbouGHhnX
— Andy Ngô (@MrAndyNgo) October 26, 2020
Yaniv claims that in refusing to allow someone with male genitalia to participate in their “28 Years and Older” division, the pageant violated the Ontario Human Rights Code by discriminating against his gender identity and expression.
“Yaniv has male genitals and was born a biological male, but now self-identifies as female,” the release explained, adding:
In May 2019, Yaniv applied to be a contestant in the Pageant, and was tentatively accepted. Yaniv did not mention being transgender prior to applying. At the time, Canada Galaxy Pageants had a formal policy of accepting genetic females as contestants, but would still accept transgender females who had fully transitioned and no longer had male genitals. This policy was noted in all paperwork and on the website. The pageant’s policy has since been revised to include “genetic females and fully transitioned.”
The Justice Centre went on to say that because the girls in the pageant undress in a common area into which not even their fathers are allowed, they refused to allow Yaniv access upon learning he still has male genitalia.
Allison Kindle Pejovic, a lawyer with the Justice Centre, said, “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. Further, this beauty pageant has already made reasonable accommodations for fully transitioned transgender females without male genitals.”
“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 having individuals with male genitals looking at them,” Pejovic continued, adding, “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.”
Yaniv made headlines last year for filing 16 complaints with the British Columbia Human Rights Tribunal against a beauty salon after the female estheticians refused to wax Yaniv’s scrotum. The tribunal subsequently threw out Yaniv’s complaints. As The Daily Wire reported:
[T]he Justice Centre for Constitutional Freedoms, which is representing five of the women being targeted by Yaniv, announced that the activist’s cases against their clients have been tossed by the BC Human Rights Tribunal. Moreover, Yaniv will be forced to pay $2,000 each to at least three of the women.
“The Justice Centre for Constitutional Freedoms (JCCF) is pleased to announce that the BC Human Rights Tribunal has ruled in favour of home estheticians’ right to refuse to handle male genitalia against their will,” a press release from JCCF said, as highlighted by The Post Millennial.
According to the group, the tribunal’s decision said that “human rights legislation does not require a service provider to wax a type of genitals they are not trained for and have not consented to wax.” Moreover, it was noted that Yaniv “engaged in improper conduct” and “filed complaints for improper purposes.” The activist’s testimony, according to the ruling, was “disingenuous and self-serving,” and Yaniv was “evasive and argumentative and contradicted herself.”
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