Over 450 KKG alumnae show collective support of sorority sisters in appeals case

Dec. 14—CHEYENNE — More than 450 Kappa Kappa Gamma alumnae put their names to a brief filed Monday in support of the six sorority sisters in their appeals case, arguing the organization violated its own bylaws when a transgender sorority sister was admitted into a KKG chapter at the University of Wyoming.

The 36-page brief said the organization's failure to follow its own bylaws, plus the district court's dismissal of the case, "is a severe blow to women's rights."

"The upshot of redefining 'woman' to include man is the effective erasure of women as a separate class worthy of dignity and respect," according to the filing with the 10th Circuit U.S. Court of Appeals. "Defendants silenced the voices of the thousands of KKG women entitled to have a say in this transformation."

The alumnae argued in their filing the importance of single-sex environments for women, both in terms of social welfare and safety. Several of the women included personal anecdotes of their days at KKG, which "had profound positive impacts on their wellbeing." The stories recounted the solace of their sorority houses after their own experience of sexual assault and trauma.

The brief itself was 16 pages long; the other 20 pages listed the names and alma maters of the women who came together and funded the brief through individual donations.

"It really was a grass-roots movement," said attorney Emmett Robinson, who filed on their behalf. "(Alumni) contacted their friends, who contacted their friends. And next thing you know, it just kind of snowballed."

Robinson said the group expanded well beyond the 459 names attached to the brief, but he didn't know the exact number. Many of them kept their names off the list out of fear of retaliation.

"They really hope (KKG) will take the case seriously and let its own members decide," Robinson said.

Women's Liberation Front (WoLF), a nonprofit, self-described "radical feminist" organization, filed a similar, 39-page brief the same day. The group urged the 10th Circuit U.S. Court of Appeals to reverse the district court's decision, arguing that ruling in favor of KKG would "strip" women of their constitutional rights to privacy and freedom of association.

Attorney Lauren Bone, who filed on behalf of WoLF, said the organization is "very, very interested in protecting single-sex spaces."

"That is not just sororities, but prisons and homeless shelters and locker rooms, in general. It's critically important for women to be able to have those private spaces," Bone said. "It's a very compelling case for that reason."

Bone said women's rights have been under attack since the U.S. Supreme Court overturned Roe v. Wade in June 2022, restricting access to abortion for women in several states across the country.

"This issue has become so incredibly important after the (Roe v. Wade was overturned)," Bone said. "Women are under attack."

Defining woman — 'the heart of this case'

The six sorority sisters submitted their official brief a week earlier, on Dec. 4, after the 10th Circuit chose to move forward with the case in late October. The 97-page court document argued "the question at the heart of the case if the definition of 'woman.'"

"The term (woman) refers to biological females," the filing in the 10th Circuit states. "And yet, the district court avoided this inevitable conclusion by applying the wrong law and ignoring the factual assertions in the complaint."

U.S. District Judge Alan B. Johnson decided in late August that KKG did not violate its own bylaws when it admitted a transgender sorority sister, Artemis Langford, into the organization. Johnson referenced the Supreme Court case Boy Scouts of America v. Dale, and ruled KKG could admit members in accordance with its own membership policy under the First Amendment's freedom of expressive association.

"Defining 'woman' is Kappa Kappa Gamma's bedrock right as a private, voluntary organization — and one this Court may not invade," Johnson wrote. "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 dismissed the sorority sisters' case without prejudice on Aug. 25, which gave them an option to refile it.

The six sorority sisters argued in their latest filing that the district court "fabricated obstacles" and applied the wrong law.

"The district court avoided this inevitable conclusion by applying the wrong law and ignoring the factual assertions in the complaint," the brief states.

Attorney Scott Klosterman, who represents KKG in the appeal, and attorney Rachel Berkness, who represents Langford, did not immediately respond to WTE's requests for comment.

A 'nonpartisan' issue

Both Robinson and Bone said this was an issue not dominated by the right or left, but gained interests from parties on both sides of the political aisle.

"It's not just conservatives don't like this or liberals don't like this," Robinson said. "We have folks on both sides."

The issue of women's rights was an issue not "fully represented" by either Democrats or Republicans, Bone said. Both parties were equally responsible for ensuring women's rights.

"We're under attack from every side," she said.

Some people have criticized WoLF for being anti-LGBTQ+, Bone said, but clarified this was not the truth. The organization holds an interest in defending lesbian rights, as well as reproductive rights.

"I very much dispute that we're anti anything because we have quite a lot of individuals who do identify as transgender, including males who identify as transgender women who completely agree with us," she said.

What happens next?

The defendants in the case must now file their own brief before the 10th Circuit U.S. Court of Appeals hears oral arguments in Denver. There is no date currently given for when the defendants must file their brief, nor when the court will hear the oral arguments.

Robinson said this case was big enough to possibly even be picked up by the U.S. Supreme Court.

"I could see the Supreme Court taking it because it is a groundbreaking case," he said. "It is a situation where (KKG) tried to fundamentally reinterpret their documents."

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.