Kappa Kappa Gamma is a sorority founded in 1870. Kappa was founded to bring the benefits of exclusively male Greek letter fraternities to women, and since its founding, Kappa has provided a self-described “single-sex haven” in the largely co-ed environment of college campuses. Kappa’s bylaws provide that a “new member shall be a woman.” 

In clear violation of its bylaws and the promise it has made to generations of female members, in Fall 2022, the University of Wyoming chapter of Kappa Kappa Gamma initiated a male. The male upended the privacy and intimacy of the sorority home including by watching the women change, taking unwanted photographs, and asking invasive sexual questions.

Six brave women sought to preserve the experience of sisterhood, and after months of being threatened with discipline for voicing their pain, they brought suit in the federal district court in Wyoming. The women brought a derivative lawsuit on behalf of Kappa itself, claiming national board members breached their fiduciary duty by disregarding Kappa’s interests and bylaws. 

On August 25, federal judge Alan Johnson dismissed the case and ruled these young women are not entitled to a female-only space because Kappa bylaws do not define the term “women.”

Independent Women’s Law Center is bringing the Kappa women’s appeal to the Tenth Circuit. Stay tuned for updates.

Legal Documents: 

First Amended Complaint (April 20, 2023)

Kappa’s Motion to Dismiss (June 20, 2023)

Westenbroek Response to Motion to Dismiss (July 5, 2023)

Order Granting Motion to Dismiss (August 25, 2023)

Notice of Appeal (September 25, 2023)

Kappa’s Motion to Dismiss Appeal (October 9, 2023)

Westenbroek Response to Kappa’s Motion to Dismiss Appeal (October 23, 2023)

Court Briefing Order (October 24, 2023)

Opening Brief (December 4, 2023)

Amicus Brief by 450+ Kappa Alumni (December 11, 2023)

Amicus Brief by Women’s Declaration International USA (December 11, 2023)

Amicus Brief by Women’s Liberation Front (December 11, 2023)

Response Brief by Kappa (Jan. 4, 2024)

Amicus Brief by National Panhellenic Conference (Jan. 10, 2024)

Amicus Brief by social justice organizations (Jan. 10, 2024)

Reply Brief (Jan. 24, 2024)