Ohio Court Transfers Second Lawsuit Involving Transgender Sorority Case to Wyoming

A federal court in Ohio has transferred a lawsuit to Wyoming’s US District Court, citing the similarities to an ongoing high-profile case involving the Kappa Kappa Gamma sorority at the University of Wyoming, Oil City News reports.

The lawsuit, filed in Ohio by two Kappa Kappa Gamma alumni, challenges the sorority’s policy of admitting transgender women. This issue is already the subject of a legal dispute in Wyoming, making it a case of duplication.

Judge Michael H. Watson of the Southern District of Ohio ruled on December 4 that the Ohio case should be moved to Wyoming. He cited the “first-to-file rule,” which suggests that cases with nearly identical claims should be handled by the court where the first suit was filed. The original case in question was initiated in April 2023, when six sorority members at the University of Wyoming sued the organization for admitting Artemis Langford, a transgender woman. That case was dismissed by US District Court Judge Alan B. Johnson in Wyoming, with the option for the plaintiffs to amend their complaint. However, they have not yet moved forward with that option.

In the Ohio case, Kappa Kappa Gamma alumni Patsy Levang and Cheryl Tuck-Smith had filed a separate complaint after being expelled from the organization. They oppose the sorority’s decision to allow transgender women to join, arguing that it violates the sorority’s rules and mission. Kappa Kappa Gamma responded by asserting that Levang and Tuck-Smith violated the organization’s media and membership policies, leading to their expulsion.

The central issue in both the Wyoming and Ohio cases is whether Kappa Kappa Gamma, as a private organization, can admit transgender women without violating its bylaws or the legal expectations of its members. The plaintiffs argue that the sorority’s actions breach the rules and fiduciary duties of the organization, claiming that by admitting a transgender woman, Kappa is attempting to broaden its membership criteria inappropriately.

While the case in Wyoming has already been dismissed, the legal challenges continue. The plaintiffs in Wyoming attempted to appeal the dismissal, but the 10th Circuit Court of Appeals ruled in June 2023 that it did not have jurisdiction to hear the case. The plaintiffs were given the option to amend their complaint or seek a final judgment, but no action has been taken since then.

Judge Watson’s decision to transfer the case was based on the principle that allowing both cases to proceed simultaneously would encourage forum shopping, where litigants attempt to select the court they believe will be most favorable to their claims. He noted that the plaintiffs in the Ohio case were effectively seeking to litigate the same issue in two different jurisdictions, which could undermine the efficiency and consistency of the legal process.