A federal appeals court overseeing Wyoming on Wednesday dismissed an appeal brought by six members of the University of Wyoming chapter of the Kappa Kappa Gamma sorority, who sued over the induction of a transgender member.
The 10th Circuit Court of Appeals does not have jurisdiction to hear the women’s appeal because the case isn’t final in the lower U.S. District Court for Wyoming, says the Wednesday order by Circuit Judge Carolyn B. McHugh.
“Because the district court has not issued a final order, we grant appellees’ motion and dismiss this appeal for lack of jurisdiction,” McHugh wrote.
Going forward, the women may file a new complaint in the lower federal court or ask the lower court to dismiss their case with finality so they can appeal to the 10th Circuit.
The parties made oral arguments before the appeals court in downtown Denver last month.
It Started In Laramie
Seven women originally filed the lawsuit against the Kappa Kappa Gamma sorority, its president, and its Wyoming-based housing company in March of 2023, claiming sorority leadership violated its duty to members by including male-to-female transgender people as eligible pledges.
The lawsuit followed the 2022 induction of transgender member Artemis Langford into the Kappa Kappa Gamma sorority based on the University of Wyoming campus.
The women alleged that sorority leadership bullied members into voting to induct Langford, and that Langford subjected them to inappropriate behavior at both day and overnight events.
One of the plaintiffs dropped out of the case when U.S. District Court Judge Alan B. Johnson denied them anonymity.
In August of 2023, Johnson dismissed the remaining six women’s complaint, citing Ohio laws giving private organizations autonomy over their own inner workings, and the First Amendment right of expressive association.
But Johnson’s dismissal was without prejudice, meaning the women may file another complaint in his court based on different legal theories if they wish.
That means the case isn’t final at the state level, and the appeals court has no business hearing it, McHugh’s Wednesday order says.
The order doesn’t grapple with the merits of the case.
“This court’s appellate jurisdiction is limited to review of final decisions,” says the order. “Although the district court did not expressly grant leave (for the women) to amend (their complaint), there is no ambiguity regarding the court’s intent.”
Johnson had given the women guidance on how they could plead more properly going forward in a footnote on his dismissal order.
He also denied the sorority’s request that he dismiss the case with prejudice, and he addressed the dearth of argument about whether it would be futile for the women to re-file their complaint.
Clair McFarland can be reached at clair@cowboystatedaily.com.
