Attorneys for Kappa Kappa Gamma are asking a federal court to end the long-running legal battle over the University of Wyoming sorority性视界传媒檚 inclusion of a transgender member.
性视界传媒淢uch has changed in the more than two years since this case was initially filed,性视界传媒 the defendants wrote in a motion to dismiss filed Friday.
Six members sued the sorority in early 2023 for allegedly breaking its bylaws, breaching housing contracts and misleading sisters when it admitted Artemis Langford, a transgender woman, by a vote of its members.
U.S. District Court Judge Alan B. Johnson dismissed the case in August 2023, ruling that the government cannot interfere with how a private, voluntary organization determines its members. Months later, the 10th Circuit Court of Appeals in Denver also dismissed the case.
That left the sorority sisters 性视界传媒 Jaylyn Westenbroek, Hannah Holtmeier, Allison Coghan, Grace Choate, Madeline Ramar and Megan Kosar 性视界传媒 two choices. They could amend the complaint or ask the lower court for a final judgement.
Almost a year later, facing a filing deadline, they filed an amended complaint earlier this month that no longer named Langford as a defendant and included a new set of plaintiffs.
性视界传媒淭he matter has bounced between this court and the Tenth Circuit,性视界传媒 Friday性视界传媒檚 filing states. 性视界传媒淔our of the six named plaintiffs have left the case, and a new one has joined. Each of the current and former plaintiffs and the former student defendant who attended the University of Wyoming have graduated.性视界传媒
And yet, attorneys for the sorority argue, 性视界传媒渢his remains a case where plaintiffs seek to have a federal court dictate to a private organization how inclusive it can be in defining its own membership.性视界传媒
In Johnson性视界传媒檚 2023 dismissal of the case, he applied the landmark decision by the U.S. Supreme Court in Boy Scouts of America v. Dale.
In 2000, the high court ruled that the scouting organization was exempt from New Jersey state law that bars anti-gay discrimination. The private organization had fired James Dale, an assistant scoutmaster, when it found out he was gay. Overturning a lower court性视界传媒檚 decision, the Supreme Court ruled that requiring the Boy Scouts to readmit Dale would violate the private organization性视界传媒檚 First Amendment right of expressive association.
性视界传媒淒ale controls today, interestingly with the shoe on the other foot,性视界传媒 Johnson wrote. 性视界传媒淲hether excluding gay scoutmasters in Dale or including transgender women in Kappa, this Judge may not invade Kappa性视界传媒檚 sacrosanct, associational right to engage in protected speech.性视界传媒
Attorneys for the sorority pointed back to this in their Friday filings.
性视界传媒淎s was the case when defendants moved to dismiss this case two years ago, plaintiffs have no legal right to have their sorority性视界传媒檚 leadership adopt their personal definition of who is and is not a 性视界传媒榳oman,性视界传媒櫺允咏绱綕 the filing states. 性视界传媒淎nd it is not the role of the courts to police the membership decisions of private organizations.性视界传媒
The legal defects of the amended complaint extend beyond that, the defendants also argue, pointing to a failure of the plaintiffs to properly identify wrongdoing. Kappa性视界传媒檚 attorneys also allege that the sorority sisters failed to serve or attempt to serve all defendants.
Johnson性视界传媒檚 2023 dismissal was 性视界传媒渨ithout prejudice,性视界传媒 meaning it was not a final decision, and effectively left the sorority sisters the option to amend their complaint.
Kappa性视界传媒檚 attorneys are asking the court for a final ruling.
性视界传媒淒efendants respectfully submit that the time has come for the court to put an end to plaintiffs性视界传媒 attempts to use this court to advance their preferred social agenda within a private organization of more than 210,000 members,性视界传媒 the filing states.
The plaintiffs will now have an opportunity to respond before the court makes a decision.
Meanwhile, the Trump administration announced earlier this month it性视界传媒檚 investigating the University of Wyoming for alleged Title IX violations stemming from the sorority性视界传媒檚 inclusion of a transgender member.
