Update: Kappa Kappa Gamma Litigation Consolidated to U.S. District Court of Wyoming 

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

The ongoing litigation(s) surrounding Kappa Kappa Gamma’s admission of transgender women as members is back in the U.S. District Court for Wyoming, where all related proceedings are now consolidated.

The original case was filed in federal court in Wyoming in March 2023. That case was dismissed without prejudice in August of that year, leaving the door open for the Plaintiffs to amend and refile their case in the same court. Rather than doing so, however, Plaintiffs appealed the dismissal to the Tenth Circuit U.S. Court of Appeals.[1] In June 2024, the Tenth Circuit dismissed the appeal for lack of jurisdiction, finding that the District Court’s dismissal without prejudice did not constitute a final, appealable order.[2] In its dismissal, the Court of Appeals instructed Plaintiffs that they had  two options: either seek a dismissal with prejudice from the District Court so they could perfect their appeal, or amend and refile their case in the District Court.[3] As of today, Plaintiffs have done neither.

While the Wyoming appeal was pending, on January 25, 2024, a new case was initiated in the U.S. District Court for the Southern District of Ohio—home to Kappa Kappa Gamma’s national headquarters in Columbus.[4] On December 19, 2024, the Ohio court issued an order transferring that newer case to the federal district court in Wyoming where the first case was filed.[5] The Ohio plaintiffs objected to the transfer and moved for reconsideration, which the Ohio court denied on March 18, 2025.[6] [7] Consequently, all proceedings are now pending before the U.S. District Court for the District of Wyoming.

Presently, Kappa Kappa Gamma has a motion pending in the U.S. District Court of Wyoming that would either (1) establish a deadline by which (the original) Plaintiffs must file an amended complaint, or (2) to convert the prior Wyoming court’s dismissal to a dismissal with prejudice. This motion has been fully briefed and is awaiting a decision from Judge Alan B. Johnson. A status conference on the matter is scheduled for May 23, 2025.

Fraternal Law Partners previously reported on key developments in this litigation this matter,[8] and we will continue to provide further updates as the case progresses.

[1] Westenbroek v. Kappa Kappa Gamma Fraternity, No. 23-8065 (10th Cir. June 12, 2024).

[2] Id.

[3] Id.

[4] Complaint, Levang v. Kappa Kappa Gamma Fraternity, No. 2:24-cv-00316-MHW-KAJ (S.D. Ohio Jan. 25, 2024).

[5] Opinion and Order, Levang, No. 2:24-cv-00316-MHW-KAJ (S.D. Ohio Dec. 19, 2024).

[6] Mtn. for Reconsideration, Levang, No. 2:24-cv-00316-MHW-KAJ (S.D. Ohio Dec. 30, 2024).

[7] Opinion and Order, Levang, No. 2:24-cv-00316-MHW-KAJ (S.D. Ohio Mar. 18, 2025).

[8] 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).