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Newsletter > June 2024 > "Update: Federal Appellate Court Dismisses Appeal Challenging Kappa Kappa Gamma’s Acceptance of a Transgender Woman at the University of Wyoming"
Update: Federal Appellate Court Dismisses Appeal Challenging Kappa Kappa Gamma’s Acceptance of a Transgender Woman at the University of Wyoming
Haellie Gordon,[1] Fraternal Law Partners, hgordon@manleyburke.com
In August 2023, the U.S. District Court of Wyoming dismissed several sorority members’ (“Appellants”) challenge to Kappa Kappa Gamma’s admission of a transgender woman at the University of Wyoming. Appellants subsequently appealed the District Court’s dismissal, and on June 12, 2024, the U.S. Court of Appeals for the Tenth Circuit dismissed the appeal.[2]
The Court of Appeals based its dismissal on a lack of jurisdiction, holding the district court’s order lacked finality, as the lower court left open the possibility for the sorority members to refile their claims in the district court. More specifically, the district court “provided guidance on its dismissal order explaining how Appellants could properly plead their claims in a future second amended complaint.”[3] Further, it expressly denied Kappa Kappa Gamma’s request for an order dismissing Appellants’ claims with prejudice.[4] Based on the foregoing, the Court of Appeals found that the circumstances clearly demonstrate that the district court neither considered its order to be “final,” nor intended to dispose of the entire action.[5] The Court of Appeals therefore held that the Appellants can either seek a dismissal with prejudice from the district court or may amend their complaint for further proceedings in the District Court, but that an appeal is not proper at this time.[6]
Fraternal Law Partners previously covered this matter following the District Court’s initial dismissal in September 2023 and the Plaintiffs’ appeal in January 2023.[7] We will continue to provide updates on this matter as it progresses.
[1] Haellie Gordon is a law clerk at Manley Burke and graduated from the University of Cincinnati College of Law in May 2024.
[2] Westenbroek v. Kappa Kappa Gamma Fraternity, No. 23-8065, 2024 U.S. App. LEXIS 14237 (10th Cir. June 12, 2024).
[3] Id. at *7.
[4] Id.
[5] Id.
[6] Id. at *8.
[7] Timothy M. Burke, Lawsuit Against Kappa Kappa Gamma Over Transgender Member Dismissed, 183 Fraternal L. 1 (September 2023); Timothy Burke, NPC Files Amicus Curiae Brief in KKG Transgender Appeal, 184 Fraternal L. 1 (January 2024).