The government should not interfere with how a private organization interprets its bylaws or determines its membership, the sorority at the center of a lawsuit over a transgender student’s admission argues in its latest court filing.
The University of Wyoming chapter of Kappa Kappa Gamma was sued by six of its members last year for admitting Artemis Langford, the first openly transgender woman to join the sorority. The plaintiffs — Jaylyn Westernbroek, Hannah Holtmeier, Allison Coghan, Grace Choate, Madeline Ramar and Megan Kosar — accuse the sorority of breaking its bylaws and breaching housing contracts. They are seeking damages and Langford’s removal.
After U.S. District Court Judge Alan B. Johnson dismissed the complaint in August, the plaintiffs asked the 10th Circuit Court of Appeals in Denver to reverse the decision. But attorneys for the sorority argue the lower court got it right.
“The court should affirm the district court’s dismissal of all claims,” the Jan. 3 brief states.
In his ruling, Johnson wrote that the court cannot interfere with how the sorority determines its membership since it’s a private organization.
“Defining ‘woman’ is Kappa Kappa Gamma’s bedrock right as a private, voluntary organization — and one this Court may not invade,” Johnson wrote.
He also cited a 2000 U.S. Supreme Court ruling that held the Boy Scouts of America could exclude a gay man from its membership through its First Amendment right of expressive association.
Attorneys for the six sorority sisters contend Johnson erred in his ruling and dodged the question that needed answering.
Johnson’s rulings “fabricated obstacles to avoid” properly weighing in on the complaint, attorneys for the plaintiffs wrote in a scathing brief filed in December.
“The question at the heart of this case is the definition of ‘woman,’ a term that Kappa has used since 1870 to prescribe membership, in Kappa’s giving documents,” they wrote.
Attorneys for Kappa Kappa Gamma rebutted it’s incorrect to assume the term “woman” would not include transgender women.
“The bylaws do not define ‘woman’ based on sex assigned at birth, chromosomal makeup, or any other genetic criteria,” the sorority states in its brief.
“In fact, the bylaws do not define the term ‘woman’ at all.”
“Courts, social science, and numerous other segments of society have adopted a broader, more inclusive definition of the term,” the sorority argues. “Kappa’s Fraternity Council, not bound by a Bylaw that defines ‘woman’ more strictly, is free to inclusively define ‘woman’ to include transgender women in interpreting Kappa’s bylaws.”
In October, the appeals court ordered both parties to file briefs on the merits after the two sides disputed whether the lower court’s ruling could be appealed in the first place.
Since then, three amicus briefs have been filed in the appellate court in favor of reversing the lower court’s decision — two of which were authored by national anti-transgender-rights organizations including Women’s Declaration International USA and Women’s Liberation Front.
The third was filed on behalf of 450 Kappa Kappa Gamma alumni. The sorority has initiated more than 300,000 members since its founding, according to its website.
The plaintiffs now have until Jan. 24 to file an optional reply brief.
Langford, meanwhile, remains a member of Kappa Kappa Gamma, though she continues to live outside of the sorority house.
We all owe a debt of gratitude to Artemis Langford and to the leaders of Kappa Kappa Gamma, they stand out as leaders for doing what is right at a time when the state’s leaders are immersed in lies and bigotry. They chose to shine even while they’re surrounded by those who would drag us all back into darkness.
Thank you Artemis Langford, thank you Kappa Kappa Gamma.
There is now so much more genetic and developmental information, that insisting there are 2 clearly defined genders is willful simplemindedness. There is not any part of the body, inside or out, that hasn’t shown extreme variation at birth. So there have always been babies with “ambiguous genitalia”where the parents “chose” or “affirmed” the sex, sometimes with surgery. Less visible but equally complicated and variable are the developmental physical and biochemical processes going on even after birth that dictate where we end up, and inform who we are. Choice doesn’t come into it.
What we CAN exercise choice over is in making uninformed judgments about the situation of other people. If we can’t act with compassion, we should at least mind our own business.
I feel empathy for Artemis Langford. I respect the personal courage needed to stay in the controversy.
Kappa Kappa Gamma and the 26 organizations within the National Panhellenic Conference have voted and approved our choices. People who are not members are entitled to their opinion and biases. Potential new members can choose not to join. Members who don’t agree with any organization’s decision have the opportunity to resign. Thank you.
Social science vs physical science.
Physical science would not define gender at all and would not define sex as binary. Social scientists who know what they’re doing stopped participating in this pointless debate long ago.
The plaintiffs are the modern day equals of those who demanded race segregated education in Arkansas in the 1950s. They are part of Wyoming’s ever more crowded clown car of bigots. They bring shame on the state. I’m grateful that this sorority hasn’t allowed them to bring shame on their institution.
“The government should not interfere with how a private organization interprets its bylaws or determines its membership, the sorority at the center of a lawsuit over a transgender student’s admission argues”. WOW, so I guess next will be “No Dark Skinned people” or “No JEWS” or “No whities” and that’s okay because they’ll be private organizations. A sorority, by definition, is a group of woman. A woman has ALWAYS been defined as a biological female. Just because you call yourself a chicken doesn’t make it a fact.
Well, so according to your definition, if the sorority wanted to restrict membership to those who can prove they have female reoroductive organs ,future spolicants would have to prove that they do with physical exams and CT scans. Meanwhile, may Artemis thrive with the congratulations of Wyoming’s wiser, big hearted people.
Actually Kappa, Pi Beta Phi and Kappa Alpha Theta were the earliest organizations and founded as Women’s Fraternities until Gamma Phi Beta later organized as a sorority.We choose to select members based upon individual merit regardless of other’s opinions.
The reason they didnt define “man” or “woman” in 1870 is that they were smart enough to know the difference. Defining it would be like needing to define the terms “upward” or “downward “. It was self evident to them.
exactly… how hard can it be
As a sorority alum, I find it sad. What were once bastions of support for women, celebrating womanhood, friendship and love have now become political footballs and accepting political “wokeness”. Just because a man “identifies” as a woman doesn’t equate to being a woman. Who knows what she/he will identify as in 6 months? A year? 5 years?