Miss California vs. Miss Rhode Island: Is There a Double Standard over Racy Photos?

This is a rush transcript from "On the Record," May 11, 2009. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: Some racy pictures of Miss California could end up costing her her crown. But is there a double standard at play here? Take a look at this picture. This is Miss Rhode Island USA posing in "Maxim" magazine before she won her crown.

So why isn't she in danger of losing her crown? And what does Miss Rhode Island think about this controversy.

Joining us is live is Miss Rhode Island USA, Alysha Castonguay. Nice to see you, Alysha.

ALYSHA CASTONGUAY, MISS RHODE ISLAND USA: Nice to see you. Thank you for having me.

VAN SUSTEREN: I'm glad to have you here. So what you think, should Miss California lose her crown or not?

CASTONGUAY: Absolutely not. I don't think it's something that she should lose her crown over if it's just the photos. And I know there are a lot of other things that are going on right now, but for the photos, definitely not.

VAN SUSTEREN: Do you know her at all?

CASTONGUAY: We met briefly. We were at Miss USA for about 17 days. So we talked a few times. She's a very nice girl.

VAN SUSTEREN: So you're not close friends or anything like that?

CASTONGUAY: No.

VAN SUSTEREN: Now, your situation, your pictures -- you had your pictures taken before you competed, is that right?

CASTONGUAY: Yes, I did. I had them -- they were taken in February 2008, and I was crowned in September of 2008.

VAN SUSTEREN: When you competed, did the pageant people know that those photos were out there of you?

CASTONGUAY: Yes. I contacted the Miss Rhode Island staff, and I submitted the photos because they were published, and I knew that somebody could get their hands on them.

And to eliminate a catastrophe from happening, I sent them in to the Miss Rhode Island staff, and they sent them to Miss Universe, and that left me with three weeks to prepare for Miss Rhode Island USA. I was waiting on a response from the Miss Universe organization on whether or not they cleared the pictures, and they did.

VAN SUSTEREN: So it wasn't the Rhode Island pageant that Okayed the, but the Miss Universe, the umbrella organization, which would presumably be over Miss California and every other state, right?

CASTONGUAY: Yes.

VAN SUSTEREN: Do you know, does that go all the way up to Donald Trump, or is that a separate entity, if you know?

CASTONGUAY: I am not sure. I don't k now if they would bother Donald Trump with something like that. But I think that they have some staff that works out situations like that.

I'm not really sure how high it went, but I know that it went into the hands of some staff members of the Miss Universe organization.

VAN SUSTEREN: Now that you are Miss Rhode Island, if you went out and took those pictures, is there anything in your contract or your agreement that would prevent you from going out and just doing those pictures like that yourself, now?

CASTONGUAY: Yes. Now that I'm Miss Rhode Island, yes, it's contracted. It's in our contract.

And I didn't know if it was something we had to submit from before, but in order to eliminate anything, I just submitted them just so that they would know that it's out there and everything would be laid out on the table before I entered Miss Rhode Island.

VAN SUSTEREN: When you compete in this contest, do they ask you on an application, are there any pictures sitting out there someplace that might be embarrassing? Is there any sort of application or anything that you are obliged to tell them before you compete?

CASTONGUAY: They ask you if you have you a Facebook, if you have a MySpace, if you have any photos on there, anything that you've done previously.

I mean, to me, if I took those photos for "Maxim" and they never used them, I don't know if I would tell the Miss Universe organization about them. If they weren't published, I don't know if I would come forward with saying that if they didn't use them.

And I feel that's what happened to her. I feel she probably took these photos for a job or a possibility, a chance at modeling. It's nothing less than what you would see in a Victoria's Secret catalogue, or anything like that.

So I don't know if she just didn't submit them because they weren't published, or what happened with that. But the reason why I submitted mine is because they were published and they were out there.

VAN SUSTEREN: Do you have a sense that her answer to her question is haunting her in any way or is going to sort of play into the decision, or is it simply the pictures?

CASTONGUAY: I think it has a lot to do with her answer to her question, that final night. I think that's part of the reason why that picture's out there.

She answered a question with her honest opinion, and I don't think that America was ready for that question to be answered both ways. And I think that when a question like that is answered, you need to be prepared to receive that answer both ways that it can go.

It's somebody's opinion. We're 51 girls that represent the United States, and we're 51 individual girls with our own opinions. So, I mean, it's not just her opinion. I'm sure there are other girls out there who have the same opinion as her. And, unfortunately, this had to come of it.

VAN SUSTEREN: What do you do now? What is the job of Miss Rhode Island now that the Miss USA Pageant's over? What's your obligation?

CASTONGUAY: We have appearances in Rhode Island. My state isn't really as big as many of the other states. But I travel around Rhode Island doing different things, different events. There are a lot of parades coming up for Memorial Day. And I just did a charity event the other day.

There's a lot of different things that come up. You just make appearances, anything.

VAN SUSTEREN: Alysha, thank you very much, and you do a great job representing Rhode Island, I suspect. I think you probably do a really good job. Thank you.

CASTONGUAY: Thank you for having me. I appreciate it.

Miss Georgia Kimberly Gittings Stands Behind Prejean

Miss California, Carrie Prejean learned she would be allowed to keep her crown Tuesday despite risqué photos taken of the 21-year-old surfacing. The beauty queen was also under fire for her answer to a question about gay marriage during the Miss USA pageant. Tuesday night, Miss Georgia opened up about the controversy.

Miss Georgia, Kimberly Gittings said she stood behind her friend Prejean 100 percent and she wasn't surprised that the California beauty queen was allowed to keep her title. Gittings also said she was confident that Prejean will do a great job as Miss California.

Gittings said the crowing moment of being in the Miss USA pageant was getting to know the other women in the competition. The Lilburn native said she developed a close friendship with many of the women in the pageant, including Prejean.

"She was really nice, beautiful in person, and funny too," said Gittings of Prejean.

Prejean came under fire for her answer to a question about same-sex marriage during the Miss USA pageant.

Gittings said as Miss USA you have to be ready to address any topic and speak from the heart.

"I stick behind her opinion, the fact that we come from a country that you can speak you mind," said Gittings.

Prejean found herself in the middle of more controversy when risqué photos she took when she was younger surfaced. Pageant director Donald Trump called the photos "lovely."

"It wasn't that risky, in our generation that's what we see, from celebrities to everyday people," said Gittings.

Gittings made to the top 15 in the Miss USA pageant and placed 4th in popularity in an online viewer vote.

Gittings said while the pageant was rocked with scandal she learned how important it is to stick to your guns.

"Somebody's going to get upset no matter what your opinion, but if you stand behind [what you] say whole-heartedly and you're confident in your decision, you shouldn't have any excuse," said Gittings.

Gittings has a non-profit organization that helps people with eating disorders. Gittings will head back the University of Georgia in the fall where she is a double major in communications and pre-med.

Gittings is also in ROTC and will be going into the Air Force as an officer. Gittings said she wasn't done with pageants just yet and will likely compete on the Miss America circuit.

Scandal: New Set of Miss California Carrie Prejean's Semi-Nude Photos

The "attack" on Miss California 2009 and Miss USA 2009 runner up, Carrie Prejean, by mostly gays who were offended by her answer during the final question and answer portion of the Miss USA pageant continues with TMZ, a popular site for celebrity gossips, discovering more of Prejean's racy pictures showing her boobs and nipples.

The site claimed that the semi-nude photos of Carrie Prejean was shot profesionally only last year when the controversial beauty queen was already 20 years old.

Well, expect that this scandal or controversy involving Miss California will go on now that the owner of Miss Universe, Donald Trump, let Carrie keep her title. She was not dethroned which disgusted many Carrie haters. Expect them to hunt for more racy pictures of her.

Here are some of the semi-nude pictures of Miss California from TMZ.

Donald Trump Rules: Carrie Prejean Will Keep Her Crown Despite Racy Pics Controversy

Beauty queens are in the eye of the beholder. And for Donald Trump, Carrie Prejean will always be a beauty queen.

Trump, the owner of the Miss Universe Organization and thus decider of Miss California's fate, resolved today to let the scandal-scarred and contract-violating titleholder keep her crown, over yesterday's urgings of Golden State pageant officials.

"Carrie will remain Miss California," the Donald announced at a press conference this morning, adding that "we are in the 21st century."

"We've really studied these photos," he said. "We've made a determination that everything we've seen to date that she's done—some were very beautiful, some were risqué—the pictures taken were acceptable, were fine, and in some cases were lovely pictures."

The aesthetic argument is one Trump returned to several times over the course of explaining his decision.

"If Carrie weren't so beautiful, this never would have come up," he said. "Carrie is totally beautiful. And her answer, because of that, took on more importance. Unfortunately, that's the way the press works. You should be ashamed of yourselves."

As for Prejean, she took time out to give thanks to her own holy trinity: Trump and Miss California officials, her fans, and—no acceptance speech is complete without him—God.

"I would like to thank the thousands of Americans who have sent letters, sent emails, messages...I cannot count the number of fan mail I have received in the past three weeks of people expressing their support to me," she said, choking back tears. "They have confided in me that they have found hope and inspiration in my story.

"Most importantly, I would like to thank God for trusting me with this large task and giving me the strength to stand by my beliefs."

And while she dismissed the recent spate of leaked topless photos as one-off poses, Photoshopped snaps and otherwise unknowing outtakes from a surf magazine shoot, she did spend some time explaining the other alleged violation of her Miss California contract—lobbying against same-sex marriages.

"Being at the center of a media firestorm is not something I had planned or signed up for," she said. "Let me be clear, I am not an activist, nor do I have a personal agenda.

"I was thrown into this firestorm from the time I was asked the question on stage…The president of the United States, the secretary of state, and many Americans agree with me," she said.

And while she went on to admit that she has "become an advocate of not redefining marriage," she will continue to do so without ties to any particular organization.

"I am not working for the National Organization for Marriage. I spent about an hour with them," she said.

"I am not going to be speaking out against same-sex marriage. I'm going to resume my duties as Miss California, but also stay true to my personal beliefs. We will see how we will balance the two.

"I want to reaffirm my commitment to Miss California USA."

Part of how Prejean will now do that is by incorporating her hard-learned lessons in "civility, respect and tolerance" into her state duties.

"Not everyone may like me or agree with me, but I hope at the end of the day, everyone will respect my rights as I respect theirs."

"It has been a long journey for me, as you all know, but through all this I stand before you today a stronger woman than I was yesterday and I am proud of that."

She also stands today as a beauty queen who once again has the support of the Miss California organization behind her.

While pageant codirectors Shanna Moakler and Keith Lewis yesterday all but replaced Prejean in her duties as Miss California, they appeared alongside her at today's press conference forming a united front.

"I think Carrie's excited to get back to being Miss California USA and we're excited to have her," Lewis said.

"They were having some miscommunication with Carrie, and I use the term 'miscommunication' somewhat loosely," Trump said. "The communication problem, I believe, is totally solved.

"They are really getting along very well. They've been meeting for hours in my office and I really think that they developed a relationship they didn't have before."

Just yesterday, Miss California pageant officials crowned a replacement-in-waiting, Miss California runner-up Tami Farrell, whom they also announced as the ambassador for the new Beauty of California initiative.

Lewis and Moakler also let slip that they had strongly recommended that Trump give Prejean the old heave-ho from her pageant post, mostly due to her failure to disclose her racy shots.

For her part, Prejean shrugged off the scandal, saying the most recent spate of photos were taken by a professional photographer between shots on a windy day, and blamed unexpected gusts—and an ethically-challenged cameraman—on her unwitting exposure.

Trump has a history of being forgiving of misbehaving beauty queens. Back in 2006, he gave Miss USA Tara Conner a second chance after she admitted to drinking, drug use and other behavior unbecoming a pageant winner, and sent her to rehab.

"In a way this is a bigger issue," he said. "Tara had serious alcohol and drug problems, and I'm very proud of her. We gave her a second chance...She's doing fantastic.

"That was a personal problem that she had, this is a very big issue. This is an issue that probably will be debated for a long time."

Though it's a debate that, for once, won't be started by Trump himself.

After opening the press conference up to questions from the press, the mogul was inevitably asked what his response would have been on the now infamous pageant question.

"It's not up to me," he said, expertly sidestepping the query. "It's a very, very, big issue and it's an issue that has two sides and I understand both sides very well."

And as for the question's equally infamous asker?

"I'd love to have him back," Trump said. "Look, I know Perez Hilton. He's doing his thing, I'm doing my thing, we're all doing our things."

As it stands, Prejean will be doing her thing as Miss California until November, when the next state winner will be crowned.

Carrie Prejean Fights Back in New Anti Gay Marriage Campaign

While former Miss Californians Tamiko Nash and Raquel Beezley and current Miss California Director Shanna Moakler have been busy this week posing for a NO H8 Campaign to overturn Proposition 8 in California, the reigning Miss California has been busy promoting her new television ad campaign against gay marriage for the National Organization for Marriage.

The controversial ad entitled "No Offense" shows Carrie Prejean expressing her support for traditional marriage and then being attacked for explaining her support for marriage between a man and a woman as well as featuring footage of a gay marriage activist from the Human Rights Campaign referring to supporters of marriage as "outright bigots."

"Carrie only said what the majority of Americans believe: marriage means a man and a woman," Maggie Gallagher, president of NOM said in a statement. "Her example resonates, especially to many young Americans, because she chose to stand for truth rather than surrender her core values. The behavior of Carrie's critics raises a question in a lot of folks’ minds: if this is how they treat good people who disagree with them now, what will they do once they have the power of the law on their side?"

The move no doubt will upset the Miss California pageant team even more as they have reportedly asked their contestant (who could still go on to be Miss USA if Kristen Dalton scoops the Miss Universe title in August).

"Carrie is going to have to stop doing the press circuit about how great it is she used the First Amendment and her First Right, and really sit down with these people that she’s hurt," Moakler told Tarts last week.