Defining Women: Kappa Kappa Gamma Lawsuit Rally Update In Denver

Supporters of six members of the University of Wyoming chapter of Kappa Kappa Gamma lawsuit over being forced to accept a transexual member rallied at a Denver courthouse on Tuesday.

The rally was organized by the Independent Women's Forum. Among those attending the rally was Riley Gaines, a nationally known advocate for allowing only people born as women to compete in women's sports.

Oral arguments in the Westenbroek et al. v. Kappa Kappa Gamma lawsuit were heard Tuesday before the United States Court of Appeals for the 10th Circuit in Denver. The case is being heard by Judges Carolyn B. McHugh, Michael R. Murphy, and Richard E. N. Federico at the Byron R. White Courthouse.

U.S. District Court Judge Alan B. Johnson dismissed the original lawsuit without prejudice last summer. Now the appeal is being heard in the 10th Circuit Appeals Court.

The six members of the University of Wyoming chapter of Kappa Kappa Gamma say their rights were violated when they were forced to accept a transexual member born as a male into the chapter.

Lawsuit Hinges On Meaning Of ''Women''

The suit says that was a clear violation of sorority bylaws that say the organization is for women only. In arguments on the case, Natalie M. McLaughlin, attorney for Kappa, said that “women” is “unquestionably not defined and has multiple definitions.”

That view is disputed by the plaintiffs in the case, who feel that the definition of women as used in the 1870 charter for the organization is clear.

For example, Cheryl Tuck Smith, a long-time member of Kappa Kappa Gamma and a contributor to the sorority said “In 1870, when Kappa Kappa Gamma was founded and bylaws adopted, there was no confusion over the definition of a woman. It is our duty as women and alumnae to protect the privacy and safety of women, and not allow men pretending to be women to take over women’s spaces.”