A federal court on Friday ruled that a college sorority is free to choose which students to admit, dismissing a complaint by members who find the presence of a male identifying as a transgender woman in female-only spaces unacceptable.
The case centers around Artemis Langford, who entered the all-female Kappa Kappa Gamma (KKG) sorority at the University of Wyoming last September. A group of seven KKG members sued the North American collegiate sorority mottoed “Dream Boldly, Live Fully,” in March, alleging that it had ignored its own charter and bylaws to admit a male who had not undergone gender change surgery into its all-female ranks.
According to the complaint, instead of adhering to the bylaws, the KKG leadership followed a “Guide for Supporting our LGBTQIA+ Members” first released in 2018 to proclaim that the “single gender” organization was one that’s open to both women and “individuals who identify as women.” The guide has never been officially adopted through a vote.
By following this guide, the suing women claimed, Kappa twisted its principles and conflated the experience of being a woman with the experience of men engaging in stereotypically female behavior. They asked the court to revoke Mr. Langford’s admission, as well as to declare the implementation of the 2018 guide unlawful—a move that would prevent other males from joining the group.
District Judge Alan Johnson, a Ronald Reagan appointee, disagreed that his court could do all that without violating the First Amendment right of expressive association that Kappa has as a private, voluntary organization.
“Defendants are correct,” he continued. “Defining ‘woman’ is Kappa Kappa Gamma’s bedrock right as a private, voluntary organization—and one this Court may not invade.”
“This Judge may not invade Kappa Kappa Gamma’s freedom of expressive association and inject the circumscribed definition Plaintiffs urge.”
The sorority sisters also argued that Kappa breached their housing contracts by allowing Mr. Langford to live in the chapter house. The judge found such a claim not convincing, either, since there was no explicit break in any of the language in the contracts.
“Plaintiffs allege that KKG breached their housing contracts by allowing transgender women to live in the chapter house in violation of KKG’s governing documents ... Nowhere in the housing contracts do the parties contract an obligation to provide housing in accordance with KKG’s governing documents,” the judge wrote.
Judge Johnson further noted that ruling in favor of the plaintiffs would put American courts in a burdensome position, where they would have to step in every time someone disagrees with the way a private organization interprets its own bylaws.
“If it did, KKG and its Fraternity Council would spend their days responding to derivative suits from their thousands of current members and 210,000 alumnae,” he wrote. “Our federal and state courts would similarly be overrun with disgruntled members challenging large organizations.”
Cassie Craven, an attorney for the sorority members, declined to comment on the decision.
In a statement, Mr. Langford’s attorney Rachel Berkness criticized the lawsuit as being “transphobic” in nature and should have never been brought.
“As the ruling shows, the case to remove Ms. Langford from KKG began before any of the allegations arose,” Ms. Berkness said. “The plaintiffs and their counsel wanted her removed because she was transgender, and then they watched her like a hawk to backfill support [for] their transphobic request.”
The lawsuit was originally filed with all seven women requesting to remain anonymous. Judge Johnson later refused to grant them anonymity, citing the public interest associated with the case.
To continue the lawsuit, six women eventually revealed their names in the amended filing as Jaylyn Westenbroek, Hannah Holtmeier, Allison Coghan, Grace Choate, Madeline Ramar, and Megan Kosar.
“It’s a weird, gut-wrenching feeling that every time I leave my room, there’s a possibility that I'll walk past him in the hall,” she told the podcast host, referring to Mr. Langford, who is described as more than six feet tall and weighs 260 pounds.
“It’s a weird feeling just to know that I could run into him anytime,” she continued. “[Mr. Langford would have] full access to the house. But this just goes to show we need women’s spaces for that reason.”
“Our house is our home, just like anyone else’s home. You go home at the end of the day to feel comfortable and relaxed in your own skin. And you can’t do that knowing that this individual has full access to your house.”
The complaint provided more details of Mr. Langford’s alleged behavior that unsettled others, including silently staring at women as they walk into the bathroom with only a towel on and getting physically aroused in the presence of women.
“One sorority member walked down the hall to take a shower, wearing only a towel. She felt an unsettling presence, turned, and saw [Mr. Langford] watching her silently,” the lawsuit alleges.
In a statement, Mr. Langford praised Friday’s ruling, saying it could help other LGBTQ students avoid similar controversy.
“I’m grateful that it’s over and I can get back to being a student,” he said, reported Casper Star-Tribune. “I’m grateful for everyone’s support—this has been a hard time. I hope this helps other students who are LGBTQ+ avoid the kind of scrutiny I’ve been under and we can be who we are.”
