An Ohio federal court has transferred a lawsuit involving Kappa Kappa Gamma sorority to the US District Court for Wyoming, citing similarities with an earlier case regarding the sorority’s admission of a transgender woman,
US District Court Judge Michael H. Watson, presiding over the Southern District of Ohio, ruled on Thursday that the case filed by two Kappa Kappa Gamma alumni should proceed in Wyoming due to the “first-to-file rule.” This legal principle dictates that cases involving similar issues and parties should be handled by the court where the initial lawsuit was filed.
Judge Watson stated that having the two cases proceed simultaneously in separate jurisdictions would not be prudent and could encourage “forum-shopping,” where litigants seek a court more favorable to their position.
The case in question stems from Kappa Kappa Gamma’s decision to admit Artemis Langford, a transgender woman, as a member at the University of Wyoming. In April 2023, six sorority members filed a lawsuit against the organization in Wyoming, alleging violations of bylaws, breaches of housing contracts, and misleading practices. The lawsuit was dismissed by US District Judge Alan B. Johnson, who found that the plaintiffs failed to state a claim and that membership decisions of private organizations are outside governmental interference.
The plaintiffs appealed the decision to the 10th Circuit Court of Appeals, but the appeal was dismissed in June 2023 on procedural grounds. The appellate court advised the plaintiffs to either amend their complaint or seek a final judgment from the district court. However, no further actions have been taken in the Wyoming case.
The Ohio lawsuit, filed by Kappa Kappa Gamma alumni Patsy Levang and Cheryl Tuck-Smith, centers on their expulsion from the sorority. The plaintiffs allege retaliation for their public opposition to the organization’s trans-inclusive policies, including publishing an op-ed and using membership lists to contact alumni about the Wyoming litigation.
Kappa Kappa Gamma has defended its decision, arguing that the expulsions were based on violations of its media and membership policies, not on the plaintiffs’ opinions.
In transferring the case, Judge Watson highlighted the similarities between the Ohio and Wyoming lawsuits, particularly the question of whether the sorority can admit transgender women while maintaining its single-sex status.
The case will now return to Wyoming’s US District Court under Judge Johnson, who dismissed the initial lawsuit. Magistrate Judge Stephanie A. Hambrick will assist in proceedings following the recusal of another magistrate judge previously involved in the defense of the Wyoming case.
