DENVER, CO — On Wednesday, June 12, the Tenth Circuit Court of Appeals quietly removed itself from the landmark Westenbroek v. Kappa Kappa Gamma sorority lawsuit. The panel ruled it lacked appellate jurisdiction to hear the case, thus avoiding the question of whether Kappa Kappa Gamma’s directors breached their fiduciary duties in forcing the Wyoming chapter to initiate a male. This case was argued on appeal by Independent Women’s Law Center, representing six women in Kappa Kappa Gamma sorority who sought to hold Kappa to the sisterhood promised to them.

May Mailman, Westenbroek v. Kappa Kappa Gamma lead counsel and Independent Women’s Law Center director, issued the following statement:

“The Tenth Circuit desperately wanted to avoid the obvious, that Kappa’s directors acted in bad faith when they forced the Wyoming chapter to initiate a male. We disagree the court lacked appellate jurisdiction. As we explained in our brief, appellate courts consider district court decisions that go to the merits of the case, which the Wyoming decision certainly did. Women deserve the camaraderie and safety of sororities, but unfortunately, it also appears they first need courts brave enough to say so.”

Direct all Westenbroek et al. v. Kappa Kappa Gamma media inquiries to [email protected].

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Independent Women’s Law Center advocates for equal opportunity, individual liberty, and the continued legal relevance of biological sex.