“This Case Has Ended Up in a Rather Confusing Procedural Neverland,” “in a Peter Pan-esque State of Immaturity,”
From Westenbroek v. Kappa Kappa Gamma Fraternity, decided by Judge Alan Johnson (D. Wyo.):
The matter before us concerns a lawsuit that was filed in March of 2023 by six women against their sorority and against Artemis Langford, a member of that sorority who had been admitted through normal procedures the previous fall. {… KKG considers itself a “fraternity” in its governing documents. However, emulating Plaintiffs and our national discourse, the Court refers to KKG as a “sorority.”}
Plaintiffs, upset by the fact that Ms. Langford is transgender, asked this Court to void her admission, find that the President of Kappa Kappa Gamma (KKG) violated her fiduciary obligations to the sorority, and prevent other transgender women from joining the sorority nationwide. We dismissed the complaint without prejudice in August of 2023, holding, inter alia, that KKG’s freedom of expressive association allows it to interpret the word “woman” in its bylaws however it wishes.
In June of 2024, Plaintiffs’ appeal to the Tenth Circuit was also dismissed, on the grounds that our dismissal without prejudice was not a final judgment because we implicitly gave Plaintiffs leave to amend.
The Tenth Circuit clarifi
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