Update: Kappa Kappa Gamma Likely Headed to Oral Arguments 

Timothy M. Burke and Haellie M. Gordon, Fraternal Law Partners, tburke@manleyburke.com and hgordon@manleyburke.com

The litigation regarding Kappa Kappa Gamma’s (“Kappa”) decision to admit a transgender student identifying as female into its University of Wyoming chapter continues before the Tenth Circuit Court of Appeals. ¹ With the parties having filed their briefs—the final being the Appellant’s reply brief on January 16, 2026—the briefing schedule is now complete. Now, the parties await the scheduling of oral arguments before the Court. While the Court is typically prepared to consider its decision on an appeal upon the completion of briefing, it will usually schedule oral arguments at the request of a party. While Kappa did not request oral argument, the Appellants did.

In addition to the traditional briefs filed by the Parties, several entities filed amicus curiae briefs (also known as friend of the court briefs), three of which were in support of the Appellant and one of which was in support of Kappa. One of the amicus briefs in support of the Appellants was filed by the Women’s Declaration International (“WDI”).2 WDI claims to consist of more than 37,000 women in 517 organizations from 160 nations and has, as its primary message, “never again will we return to a world where women are defined by the patronizing, regressive, and oppressive stereotypes of gender, of which ‘gender identity’ is one form.”3 The second amicus brief in support of the Appellants comes from the Women’s Liberation Front (“WoLF”),4 which describes itself as “a non-profit, radical feminist organization dedicated to the liberation of women by ending male violence, preserving woman-only spaces, abolishing sex stereotyping, and protecting reproductive sovereignty.”5 The final amicus brief submitted on behalf of the Appellants comes from the True Blue Sapphires, LLC, which was founded in 2024 by a group of Kappa alumnae opposed to the admission of transgender women as members of Kappa Kappa Gamma.6

In support of Kappa, the National Panhellenic Conference (“NPC”) filed its amicus brief.7 NPC identifies itself as “the premier advocacy and support organization for the advancement of the sorority experience” and describe its twenty-six (26) national and international women’s only social sororities as being located on “approximately 670 college and university campuses in all 50 states, with more than 375,000 current undergraduate members across 3,200 chapters.”8

While the Appellants and their supporting amicus parties essentially argue that the term “woman” can only include individuals identified at birth as a woman, NPC’s brief focuses its argument on two points:

First, as recognized by the District Court, courts cannot interfere with a private organization’s right to interpret its own governing documents. Plaintiffs may disagree with that interpretation but that is not grounds for litigation. Second, the First Amendment prohibits any court from dictating the membership structure of a private organization, as doing so violates rights of freedom of association.9

(Emphasis in original.)

While oral argument has not yet been scheduled in this matter, the Court will likely do so in the foreseeable future. Any oral argument will likely be heard by a three-judge panel at the Byron White Courthouse, the home of the Tenth Circuit.10

Fraternal Law Partners previously reported on key developments in this litigation this matter,11 and we will continue to provide further updates as the case progresses.

1 Holtmeier v. Kappa Kappa Gamma, No. 25-8058 (10th Cir.).

2 Brief for Women’s Declaration International USA as Amicus Curiae Supporting Appellants, Holtmeier (No. 25-8058), ECF. No. 26.

3 Id.

4 Brief for Women’s Liberation Front Amicus Curiae Brief as Amicus Curiae Supporting Appellants, Holtmeier (No. 25-8058), ECF No. 34.

5 Id.

6 Brief for True Blue Sapphires, LLC, as Amicus Curiae Supporting Appellants, Holtmeier (No. 25-8058), ECF No. 29.

7 Brief for National Panhellenic Conference, as Amicus Curiae Supporting Appellees, Holtmeier (No. 25-8058), ECF No. 44.

8 Id.

9 Id.

10 If arguments occur at that courthouse, the oral arguments will be livestreamed and may be viewed live. The oral arguments are preserved for viewing on the Court’s website, www.ca10.uscourts.gov/oralargument/search, typically the day after such arguments, regardless of where the arguments occur.

11 Timothy M. Burke, Lawsuit Against Kappa Kappa Gamma Over Transgender Member Dismissed, 183 Fraternal L. 1 (September 2023); Timothy M. Burke, NPC Files Amicus Curiae Brief in KKG Transgender Appeal, 184 Fraternal L. 1 (January 2024); Haellie M. Gordon, Update: Federal Appellate Court Dismisses Appeal Challenging Kappa Kappa Gamma’s Acceptance of a Transgender Woman at the University of Wyoming 186 Fraternal L. 1, 5 (June 2024); Timothy M. Burke and Haellie M. Gordon, Update: Kappa Kappa Gamma Litigation Consolidated to U.S. District Court of Wyoming, 189 Fraternal L. 1, 9 (March 2025); Timothy M. Burke, Kappa Kappa Gamma Prevails, Again, 191 Fraternal L. 1, (September 2025).