Saturday, June 15, 2024

May Mailman: Tenth Circuit Dodges Ruling in Kappa Kappa Gamma Case

I'm here to provide an important update on the Kappa Kappa Gamma lawsuit. Yesterday, the Tenth Circuit dodged ruling in IWLC's landmark case against Kappa Kappa Gamma, saying they lacked appellate jurisdiction to hear the case. In other words, the court went out of its way to avoid the question of whether Kappa Kappa Gamma's directors breached their fiduciary duties in forcing the Wyoming chapter to initiate a male. 

The sorority directors dishonestly and in bad faith failed to provide the same-sex space promised in the bylaws. They pressured the Wyoming chapter to initiate a male, by telling the women that failure to initiate could be a basis for expulsion. IWLC has proudly represented the six women who have sought to hold the Kappa directors accountable. 

Avoiding a question certainly doesn't provide justice, but there is an incredibly positive sign: the Tenth Circuit did not affirm the district court's decision that "woman" means "man."  

Women deserve the camaraderie and safety of sororities, but unfortunately, it also appears they first need courts brave enough to say so. We are not giving up, and we will continue to push for these women, and all women, to know whether their single-sex space is actually single-sex. IWF Director Carrie Lukas recently wrote about how dangerous the abolition of "women" and "girl" will be for girls' safety, including at overnight camp.