Kappa was formed in 1870, when collegiate men outnumbered women 5-to-1, as a single-sex organization for women. Kappa has maintained this single-sex status through its governing documents, which restrict membership to women only.
As described in the complaint, starting in 2015, Kappa’s Fraternity Council (its governing body) unilaterally and deceptively took steps to broaden membership to men who identified as women. At no point did the Fraternity Council take the required steps to inform Kappa members of a change to the membership requirements, nor did they ever invite discussion or debate on the issue.
Moreover, the Fraternity Council continually demonstrated bias against women, in favor of men who identify as women. For example, the Fraternity Council admitted a male through its alumnae admission process and fast-tracked him to leadership despite his lacking the years of service to the sorority consistently required of female members.
The Fraternity Council also encouraged the admission of a male collegiate member whose grades did not meet Kappa’s baseline requirements by bypassing the anonymous voting system required for female candidates.
All the while, Kappa leadership sought donations from alumnae based on representations that Kappa had not altered its mission and continued to promote sisterhood and a woman-only environment.
Kappa leadership then retaliated against Ms. Levang and Ms. Tuck-Smith who exposed these improper actions by removing them from membership and falsely accusing them of injuring Kappa and violating “human dignity.”
This federal lawsuit alleges multiple violations of Kappa’s governing rules, fraudulent activity, failure to abide by Ohio’s free speech laws, defamation, and breaches of contracts.
Legal Documents:
- Complaint (January 25, 2024)
- Kappa’s Motion to Dismiss (April 1, 2024)
- Levang’s Brief in Opposition to Dismissal (April 22, 2024)
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Defendants’ Reply in Support of Dismissal (May 6, 2024)
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Order Staying Case (June 3, 2024)
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Plaintiffs’ Motion to Certify a Question of State Law (July 22, 2024)
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Plaintiffs’ Brief Regarding Westenbroek Case (August 2, 2024)
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Defendants’ Brief Regarding Westenbroek Case (August 2, 2024)
- Defendants’ Response to Certification Motion (Aug. 12, 2024)
- Plaintiffs’ Reply to Certification Motion (Aug. 26, 2024)
News & Commentary:
- National Review: Sorority Alumni Stripped of Membership after Defending Sisters Fighting Admission of Male Student
- National Review: Kappa Kappa Gamma Alumnae Sue Sorority for Subverting Its Sisterhood Mission
- Fox News: Alumnae Ousted From Sorority for Backing Removal of Transgender Member Warn Women’s Rights Are Being ‘Eroded’
- Fox News: Women Ousted From Sorority After Backing Lawsuit To Remove Transgender Member