KKG argues it never defined 'woman' in its bylaws, according to latest filing

Jan. 4—CHEYENNE — Kappa Kappa Gamma says the definition of "woman" is nowhere to be found in the sorority's governing documents, according to a brief filed with the U.S. 10th Circuit Court of Appeals on Wednesday.

It's the latest update in an ongoing lawsuit between the nonprofit organization and the six sorority sisters who sued it last spring in federal court after the admission of a transgender member, Artemis Langford.

The lawsuit was appealed in late September after U.S. District Judge Alan B. Johnson dismissed the case on Aug. 25 without prejudice, giving the sorority sisters an option to refile.

In their brief filed with the appellate court in December, the sorority sisters claimed the "question at the heart of this case is the definition of 'woman,' a term that Kappa has used since 1870 to prescribe membership."

However, KKG's bylaws never defined "woman" based on an individual's biological sex, according to their recent filing in the case.

"In fact, the Bylaws do not define the term 'woman' at all," according to the court document.

In 2015, KKG expanded its interpretation of "woman" to include individuals who identify as a woman, an interpretation that "is reflected in policies, guides, position statements, and FAQ documents issued by the Fraternity Council."

In his dismissal of the case, Johnson said KKG's ability to define "woman" is a "bedrock right as a private, voluntary organization — and one this Court may not invade."

This is a precedent reflected in the U.S. Supreme Court's decision in Boy Scouts of America v. Dale. In that case, the court decided that a private organization was protected under the First Amendment's freedom of expressive association to reject the inclusion of a gay scoutmaster, since it conflicted with the organization's bylaws.

"Dale's takeaway for the Court: the government may not defy the internal decision-making of a private organization, including the criteria governing that entity's membership," Johnson wrote in his Aug. 25 decision.

KKG also argued in its filing that the appellate court lacked jurisdiction to review the case, which KKG claimed is unappealable.

"The Tenth Circuit's previous, decisive ruling — based on a comprehensive review of the allegations in this case — dismissed this litigation and affirmed Kappa Kappa Gamma's right to choose its members," Mary Holloman of public relations firm FleishmanHillard wrote in an email to the Wyoming Tribune Eagle, saying the statement could be attributed to KKG. "Despite that ruling, the plaintiffs continue to misuse the legal system to raise funds and try to interfere with a private organization's right to interpret its own bylaws."

Defense attorney Natalie McLaughlin, one of two attorneys representing KKG in the case, told the WTE the matter of jurisdiction is a "threshold issue" that needs to be resolved before the case is heard by the court.

Hannah Shields is the Wyoming Tribune Eagle's state government reporter. She can be reached at 307-633-3167 or hshields@wyomingnews.com. You can follow her on X @happyfeet004.